Thurman v. Kilgore et al

Filing 16

JUDGMENT: Adopting 15 Report and Recommendations; granting 13 Motion for Judgment on the Pleadings; Claims against Bob Dunn and Floyd Nutt are dismissed with prejudice. Signed by Honorable Susan O. Hickey on August 28, 2012. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION REGINALD M. THURMAN VS. PLAINTIFF Civil No. 1:11-cv-1041 BOB KILGORE, CDL Driver, Calhoun County; FLOYD NUTT, County Judge, Calhoun County; and BOB DUNN, Sheriff of Calhoun County DEFENDANTS JUDGMENT Before the Court is the Report and Recommendation filed August 8, 2012 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 15). Judge Bryant recommends that Separate Defendants Floyd Nutt and Bob Dunn’s Motion for Judgment on the Pleadings (ECF No. 13) be granted and that Plaintiff’s claims against them be dismissed with prejudice. Specifically, Judge Bryant found that Plaintiff’s claims of verbal abuse are not actionable under 42 U.S.C. § 1983. The parties have 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. Plaintiff’s claims against Defendant Floyd Nutt and Defendant Bob Dunn are DISMISSED WITH PREJUDICE. IT IS SO ORDERED, this 28th day of August, 2012. /s/ Susan O. Hickey Hon. Susan O. Hickey United States District Judge

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