London et al v. Reece et al

Filing 57

ORDER granting in part and denying in part defendants' 36 Motion for Summary Judgment and adopting 54 Report and Recommendations in its entirety. Signed by Honorable Robert T. Dawson on April 1, 2009. (rw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION LLOYD LONDON v. Case No. 07-2087 PLAINTIFF

JIMMY DORNEY, Sheriff, Johnson County; RUTH ANN HOWELL, Administrator, Johnson County Jail; JERRY DORNEY, Chief Deputy, Johnson County ORDER

DEFENDANTS

Now on this 1st day of April 2009, there comes on for consideration the report and recommendation filed herein on March 11, 2009, by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. (Doc. 54).

Also before the Court are Defendants' objections (Doc. 55) and supplement thereto (Doc. 56). 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. Accordingly, Defendants' Motion for Summary Judgment

(Doc. 36) is GRANTED as to Plaintiff's due process claims of a delayed initial appearance, and these claims are DISMISSED WITH PREJUDICE. Defendants' Motion is DENIED as to Plaintiff's claims

of interference with outgoing mail and denial of access to the Courts. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

AO72A (Rev. 8/82)