Mitchell v. Neff et al

Filing 36

ORDER adopting Report and Recommendations re 34 Report and Recommendations; granting in part and denying in part 27 Motion for Summary Judgment. Signed by Honorable Paul K. Holmes, III on March 10, 2011. (cap)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION SHRODDRIC DURELL MITCHELL v. Case No. 4:09-CV-04071 PLAINTIFF

CHARLES NEFF, Administrator, Miller County Detention Center; and MAJOR GARY TURNER, Miller County Detention Center O R D E R On this 10th day of March 2011, there

DEFENDANTS

comes

on

for

consideration the Report and Recommendation (Doc. 34) filed in this case on February 18, 2011, by the Honorable Barry A. Bryant, United States Magistrate for the Western District of Arkansas. Also before the Court are Defendants' objections. (Doc. 35). The Court has reviewed this case and, being well and

sufficiently advised, finds as follows: Petitioner's objections offer neither law nor fact requiring departure from the Report and Recommendation. The Report and Recommendation is proper and should be and hereby is ADOPTED IN ITS ENTIRETY. Accordingly, for the reasons stated in the Magistrate Judge's Report and Recommendation, the Defendants' Motion for Summary Judgment (Doc. 27) is GRANTED IN PART AND DENIED IN PART. The Motion is GRANTED as to Mitchell's claims stemming from a failure on the part of Defendants to bring criminal charges against the inmates who attacked him. In all other respects the Motion is hereby DENIED.

IT IS SO ORDERED this 10th day of March 2011.

/s/ Paul K. Holmes, III Paul K. Holmes, III United States District Judge