Selmon v. Delucca et al

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATIONS; granting 12 Motion for Summary Judgment. Plaintiff's case is dismissed with prejudice. Signed by Honorable Susan O. Hickey on October 2, 2017. (mll)

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

v.

PLAINTIFF

Case No. 1:16-cv-1087

DR. DELUCCA; NURSE SHERYL
MENDENHALL; JAMES BOLTEN;
and DAVID NORWOOD

DEFENDANTS
ORDER

Before the Court is the Report and Recommendation filed June 23, 2017, by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 17).
Judge Bryant recommends that Defendants’ Motion for Summary Judgment (ECF No. 12) be granted
and that Plaintiff Walter William Selmon’s case be dismissed with prejudice.

Plaintiff filed

objections to the Report and Recommendation. 1 The Court finds the matter ripe for consideration.
Upon consideration, Plaintiff’s objections are not directly responsive to the Report and
Recommendation and offer no error of law or fact from which the Court finds it necessary to depart
from the Report and Recommendation. Therefore, the Court adopts the Report and Recommendation
(ECF No. 17). Defendants’ Motion for Summary Judgment (ECF No. 12) is hereby GRANTED.
Plaintiff’s case is DISMISSED WITH PREJUDICE.
IT IS SO ORDERED, this 2nd day of October, 2017.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

1

Plaintiff’s objections to the Report and Recommendation were due on July 10, 2017, and Plaintiff did not file
objections to the Report and Recommendation by this deadline. On July 11, 2017, Plaintiff filed a notice of appeal,
indicating his intent to appeal the Report and Recommendation to the Eighth Circuit. On October 2, 2017, the
Eighth Circuit dismissed Plaintiff’s appeal and directed the Court to treat Plaintiff’s notice of appeal as a timely
objection to the Report and Recommendation.