Thomas v. Cupp et al

Filing 46

ORDER ADOPTING REPORT AND RECOMMENDATIONS 44 45 in their entirety and denying defendants' 41 Motion to Dismiss; further granting defendant's 34 Motion for Summary Judgment and plaintiff's complaint is dismissed with prejudice. Signed by Honorable Robert T. Dawson on September 14, 2011. (rw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION LEAMON THOMAS PLAINTIFF v. Case No. 08-2138 LT. VENA CUPP, et al. DEFENDANTS ORDER Now on this 14th day of September 2011, there comes on for consideration the reports and recommendations filed herein on August 26, 2010, by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. (Docs. 44-45). No objections to the reports and recommendations were filed. The court sufficiently has reviewed advised, finds this as case and, follows: being The well and reports and recommendations are proper and should be and hereby are adopted in their entirety. Accordingly, Defendants’ Motion to Dismiss (doc. 41) is DENIED, and Defendants’ Motion for Summary Judgment (doc. 34) is GRANTED. Plaintiff’s Complaint is DISMISSED WITH PREJUDICE. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

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