Vellon v. Goodman

Filing 55

ORDER adopting 54 Report and Recommendations; granting 29 Motion for Summary Judgment. Plaintiff's 53 Motion to Appoint Counsel is Denied as Moot. Signed by Honorable P. K. Holmes, III on April 10, 2015. (hnc)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION EDGAR MARTINEZ VELLON v. PLAINTIFF Case No. 2:13-CV-02195 CORPORAL CHRIS GOODMAN, Arkansas State Police DEFENDANT ORDER Currently before the Court are the proposed findings and recommendations (Doc. 54) filed in this case on March 2, 2015, by the Honorable Erin L. Setser, United States Magistrate Judge for the Western District of Arkansas. The time for filing objections has passed, and no objections have been filed by any party. The Court has reviewed this case and finds that the report and recommendation is proper, contains no clear error, and should be and hereby is ADOPTED IN ITS ENTIRETY. Accordingly, for the reasons stated in the Magistrate’s report and recommendations, IT IS ORDERED that Defendant Corporal Chris Goodman’s motion for summary judgment (Doc. 29) is GRANTED. Claims against Corporal Goodman in his official capacity are DISMISSED WITH PREJUDICE. Claims against Corporal Goodman in his individual capacity are DISMISSED WITHOUT PREJUDICE. Plaintiff’s motion to appoint counsel (Doc. 53) is DENIED AS MOOT. Judgment will be entered accordingly. IT IS SO ORDERED this 10th day of April, 2015. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE

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