Hardy v. Gorum et al
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)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
RAYMOND DOUGLAS HARDY
Civil No. 11-CV-1033
CHIEF ROBERT GORUM, et al.
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,
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
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