Ratchford et al v. Evans et al

Filing 158

ORDER ADOPTING REPORT AND RECOMMENDATIONS 155 ; granting 133 Motion for Summary Judgment; finding as moot 153 Motion for Joinder; and dismissing plaintiffs' complaint against defendants with prejudice. Signed by Judge D. P. Marshall Jr. on 9/28/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

JEFFREY SCOTT RATCHFORD,
ADC # 127515; CHARLES E. BUTLER,
ADC # 110397; ROBERT HEFFERNAN,
ADC # 76641; and DELLEMOND
CUNNINGHAM, ADC # 104415
v.

PLAINTIFFS

No. 5:11-cv-180-DPM-JTK

GLADYS M. EVANS, Program
Specialist, Varner Unit, ADC;
BARBARA SMALLWOOD, Business
Manager, Varner Unit, ADC; JAMES
BANKS, Warden, Varner Unit, ADC;
originally sued as J Banks; and RAY
HOBBS, Director, Arkansas Deptartment
of Correction

DEFENDANTS

ORDER
The Court has considered Magistrate Judge Kearney’s proposed
findings and recommendations, Document No. 155, to which Ratchford and the
other plaintiffs objected, Document No. 156. Upon de novo review of the
record, including the pleadings, previous motions, orders, and hearing
transcripts, the Court adopts Judge Kearney’s well-crafted proposal as its
own. FED. R. CIV. P. 72(b)(3). Plaintiffs’ objections run aground on the sworn
testimony from all those involved, which establishes what happened. And on

the undisputed material facts, plaintiffs’ claims fail as a matter of law.
Defendants’ motion for summary judgment, Document No. 133, granted.
Plaintiffs’ complaint against Defendants is dismissed with prejudice. The
motion for joinder, Document No. 153, is denied as moot.
So Ordered.
_________________________
D.P. Marshall Jr.
United States District Judge
28 September 2012

-2-