Doolittle v. Southwest Arkansas Community Corrections Center et al

Filing 44

ORDER ADOPTING REPORT AND RECOMMENDATIONS, granting 27 Motion for Summary Judgment filed by Trevillvan, granting 30 Motion for Summary Judgment filed by Wayne Smith. Plaintiff's claims are dismissed with prejudice. Signed by Honorable Harry F. Barnes on November 9, 2010. (cap)

Doolittle v. Smith et al

Doc. 44

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION

ARTHUR DOOLITTLE

PLAINTIFF

V.

CASE NO. 10-CV-4022

WAYNE SMITH, Warden and DR. TREVILLYAN, Facility Doctor ORDER

DEFENDANTS

Before the Court is the Report and Recommendation filed October 8, 2010, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. 43). Judge Bryant recommends that the motions for summary judgment (Docs. 27 and 30) be granted. No objections to the Report and Recommendation have been filed, and the time to object has passed. See 28 U.S.C. § 636(b)(1). Therefore, the Court adopts the Report and Recommendation in toto. The motion for summary judgment filed by Separate Defendant Dr. Trevillyan. (Doc. 27) is GRANTED. The motion for summary judgment filed by Separate Defendant Warden Wayne Smith (Doc. 30) is GRANTED. Plaintiff's claims are dismissed without prejudice. Plaintiff may re-file his claims once he has exhausted the grievance procedure with respect o all claims he seeks to pursue in this case. IT IS SO ORDERED, this 9th day of November, 2010.

/s/ Harry F. Barnes Hon. Harry F. Barnes United States District Judge

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