Story v. Lucas et al

Filing 56

ORDER ADOPTING REPORT AND RECOMMENDATIONS 55 ; granting and denying in parts the 47 Motion for Summary Judgment; claims against Joe Strickland, Chris Gill and Paul Lucas dismissed; claim against David Norwood still pending. Signed by Honorable Harry F. Barnes on March 16, 2010. (cnn)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION

KENDRICK C. STORY

PLAINTIFF

V.

CASE NO. 07-CV-01062

PAUL LUCAS, et al.

DEFENDANTS

ORDER Before this Court is the Report and Recommendation filed February 25, 2010, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. 55). Plaintiff, Kendrick C. Story, filed a civil rights action against the named Defendants pursuant to 42 U.S.C. § 1983. Judge Bryant recommends that Defendants' Motion for Summary Judgment be granted in part and denied in part. Namely, Judge Bryant recommends that the motion be granted with regards to the denial of medical care claim, failure to protect claim, and all claims made against Sheriff Paul Lucas, Lieutenant Joe Strickland, and Deputy Chris Gill. Furthermore, Judge Bryant recommends that summary judgment be denied with regards to the claim of excessive use of force asserted against Captain David Norwood. (Doc. 55). Plaintiff has not filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). Therefore, the Court adopts the Report and Recommendation in toto. Accordingly, Defendants' Motion for Summary Judgment is GRANTED in part and DENIED in part. Plaintiff's claims are DISMISSED with respect to Defendants Sheriff Paul Lucas, Lieutenant Joe Strickland, and Deputy Chris Gill. Furthermore, Summary Judgment is DENIED as to the claim alleging excessive use of force asserted against Captain David Norwood.

IT IS SO ORDERED, this 16th day of March, 2010.

/s/ Harry F. Barnes Hon. Harry F. Barnes United States District Judge