McClanton v. Brewing et al

Filing 47

ORDER ADOPTING 41 46 the Proposed Findings and Recommendations in all respects; denying 35 Mr. McClanton's motion for summary judgment; granting 37 Defendant Estella Bland's motion for summary judgment; and dismissing, with prejudice, 2 Mr. McClanton's complaint. Signed by Judge Kristine G. Baker on 11/29/2016. (kdr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RODNEY WILSON MCCLANTON,
ADC #108785
v.

PLAINTIFF

Case No. 5:15-cv-00230-KGB/JTK

ROBERT BREVING, et al.

DEFENDANTS
ORDER

The

Court

has

received

two

Proposed

Findings

and

Recommendations

(“Recommendation”) filed by Magistrate Judge Jerome T. Kearney (Dkt. Nos. 41; 46). Plaintiff
Rodney Wilson McClanton filed timely objections to the first Recommendation(Dkt. No. 45).
After careful review of the first Recommendation and the timely objections filed by Mr.
McClanton, including a de novo review of the record, the Court concludes that the first
Recommendation should be, and hereby is, approved and adopted as this Court’s findings in all
respects. Mr. McClanton’s motion for summary judgment is denied (Dkt. No. 35).
Mr. McClanton did not file objections to the second Recommendation, and the time to do
so has passed. After careful review of the second Recommendation, the Court concludes that the
second Recommendation should be, and hereby is, approved and adopted in its entirety as this
Court’s findings in all respects (Dkt. No. 46). Defendant Estella Bland’s motion for summary
judgment is granted (Dkt. No. 37). Mr. McClanton’s complaint is dismissed with prejudice.
So ordered this 29th day of November, 2016.

___________________________
Kristine G. Baker
United States District Judge