Brown v. Hickman et al
ORDER ADOPTING 54 REPORT AND RECOMMENDATIONS in toto. Further granting 23 MOTION for Summary Judgment and dismissing this case. Signed by Honorable Jimm Larry Hendren on September 19, 2011. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
DANIEL RAY BROWN
Civil No. 10-3052
SHERIFF DANNY HICKMAN;
JASON DAY, Jail Administrator,
Boone County Detention Center;
and BOONE COUNTY, ARKANSAS
consideration the Report and Recommendation (R&R) of the Magistrate
Judge (document #54), filed on August 25, 2011, and petitioner’s
objections thereto (document #60), filed on September 13, 2011.
Court, being well and sufficiently advised, finds and orders as
follows with respect thereto:
petitioner (Documents 55 and 56).
petitioner was seeking additional time to submit a supplemental
(document #50)], the Magistrate Judge pointed out that petitioner
Thus, the Magistrate Judge denied the Document #55
motion because petitioner already had the responses he sought.
The Magistrate Judge went on to state in his Order of September
If Plaintiff believes information contained in the supplemental
discovery responses is relevant to the summary judgment motion,
he may submit the information with his objections to the report
and recommendation (Doc. 54)
In ruling on the Document #56 motion (whereby petitioner
inadequate), the Magistrate Judge addressed petitioner's specific
complaint with respect to Request for Production #9 -- and found the
challenged response to be sufficient.
Accordingly, the Document #56
motion was denied.
In his objections to the R&R, petitioner states (a)
ordered by the Court, thus, violated this Court's order; and (b)
that, because defendants failed to so comply, petitioner did not
have an opportunity to compile "all discovery evidence" and provide
them to the Court.
It appears to the Court that petitioner's objections relate
to the same issues decided against him in the Magistrate Judge's
Order of September 2, 2011 -- and that, despite being advised he
could submit the information he had in his objections to the R&R if
he believed it relevant, he did not do so.
The Court has reviewed the Magistrate Judge's said Order of
September 2, 2011, and finds no error therein.
It follows, therefore, that plaintiff’s objections offer
Recommendation and the same should and will be overruled.
The Report and Recommendation is sound in all respects
and should be adopted in toto.
IT IS THEREFORE ORDERED
Recommendation of the Magistrate Judge should be, and they hereby
that the said Report and Recommendation of the Magistrate
Judge should be, and it hereby is, adopted in toto.
IT IS FURTHER ORDERED that defendants’ Motion for Summary
Judgment (document #23) is granted and this case is dismissed.
IT IS SO ORDERED.
/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE
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