Hardy v. Gorum et al

Filing 79

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 63 Motion for Summary Judgment; adopting Report and Recommendations re 74 ; Case dismissed with prejudice. Signed by Honorable Susan O. Hickey on September 10, 2014. (cnn)

Download PDF
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION RAYMOND DOUGLAS HARDY vs. PLAINTIFF Civil No. 11-CV-1033 CHIEF ROBERT GORUM, et al. DEFENDANTS ORDER Before the Court is the Report and Recommendation filed August 1, 2014, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 74. Judge Bryant recommends that Defendants’ Motion for Summary Judgment (ECF No. 63) be granted. Plaintiff has responded with objections, and the Court has reviewed the objections.1 ECF Nos. 77 and 78. The Court finds the matter ripe for its consideration. Plaintiff’s objections offer neither law nor fact requiring departure from the Report and Recommendation. In his objections, Plaintiff claims that the officers made contradictory statements, that the officers destroyed evidence, and that the officers did not follow the proper arrest procedures. These accusations do not dispute the evidence submitted by Defendants, along with their summary judgment motion, that the force used against Plaintiff was not excessive. Accordingly, after reviewing the record de novo, the Court adopts the Report and Recommendation in toto. Defendants’ Motion for Summary Judgment (ECF No. 63) is GRANTED. Plaintiff’s individual claims against Defendants Young, Dew, Blair, and Gorum are DISMISSED, 1 In response to the Report and Recommendation, Plaintiff filed two documents. ECF Nos. 77 and 78. One of these documents is titled “A Motion for Summary Judgment.” ECF No. 77. The Court, however, will treat this document as objections to the Report and Recommendation because it is more properly characterized as such. and Plaintiff’s case is DISMISSED WITH PREJUDICE. IT IS SO ORDERED, this 10th day of September, 2014. /s/ Susan O. Hickey Susan O. Hickey United States District Judge -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?