Humphrey v. Franklin County, Arkansas et al

Filing 116

ORDER; re 113 Objection to Report and Recommendations filed by Marvin J. Humphrey, and 112 REPORT AND RECOMMENDATIONS re 4 Complaint Referred (42:1983) filed by Marvin J. Humphrey. Accordingly, Plaintiff's claims of denial of medical test ing, denial of dental treatment, unclean conditions of confinement, denial of access to an attorney and to the law library, inhumane treatment, and violation of the right against self-incrimination are DISMISSED WITH PREJUDICE. As to Plaintiff' s claim that he was denied medical treatment, the claim will proceed to a jury trial against Separate Defendants Ciampoi, Lewis and Haynes, but is DISMISSED WITH PREJUDICE against the remaining Defendants. Matt Kimrey; Chris Meay; Derek Nietert; Josh Ross; Dustin Bradshaw and Matt Hamilton terminated. Signed by Honorable Robert T. Dawson on November 17, 2008. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION MARVIN J. HUMPHREY v. Case No. 05-2138 PLAINTIFF SHERIFF REED HAYNES, MARGARET LEWIS; MATT HAMILTON; RYAN CIAMPOI; JOSH ROSS; DUSTIN BRADSHAW; DEREK NIETERT; and MATT KIMREY DEFENDANTS ORDER Now on this 17th day of November 2008, there comes on for consideration the report and recommendation filed herein on October 16, 2008, by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. (Doc. 112). Plaintiff filed written (Doc. 113). objections to the report and recommendation. The court has reviewed this case de novo and, being well and sufficiently advised, finds as follows: The report and recommendation is proper and should be and hereby is adopted in its entirety. testing, Accordingly, Plaintiff's claims of denial of medical denial of dental treatment, unclean conditions of confinement, denial of access to an attorney and to the law library, inhumane treatment, and violation of the right against self-incrimination are DISMISSED WITH PREJUDICE. As to Plaintiff's claim that he was denied medical treatment, AO72A (Rev. 8/82) the claim will proceed to a jury trial against Separate Defendants Ciampoi, Lewis and Haynes, but is DISMISSED WITH PREJUDICE against the remaining Defendants. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

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