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)

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