Smith v. Turner et al

Filing 36

ORDER ADOPTING REPORT AND RECOMMENDATIONS in toto re 35 Report and Recommendations.; granting 20 Motion for Summary Judgment; granting 28 Motion for Judgment on the Pleadings. Signed by Honorable Susan O. Hickey on February 21, 2012. (dmc)

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

DARRELL WAYNE SMITH

vs.

PLAINTIFF

Case No. 4:10-cv-4081

WARDEN GARY TURNER;
NURSE WILLIAMS; NURSE
STEWART; and NURSE CHEATHAM

DEFENDANTS
JUDGMENT

Before the Court is the Report and Recommendation filed January 27, 2012 by the
Honorable Erin L. Setser, United States Magistrate Judge for the Western District of Arkansas. (ECF
No. 35). Judge Setser recommends that the motion for summary judgement filed by Separate
Defendants Nurse Williams, Nurse Stewart, and Nurse Cheatham be granted. Judge Setser further
recommends that the motion for judgment on the pleadings filed by Separate Defendant Turner be
granted. The parties have not filed objections to the Report and Recommendation, 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.

Separate Defendants Nurse Williams, Nurse Stewart, and Nurse

Cheatham’s Motion for Summary Judgement (ECF No. 20) is GRANTED. Separate Defendant
Turner’s Motion for Judgment on the Pleadings (ECF No. 28) is GRANTED. Plaintiff’s claims
are DISMISSED WITH PREJUDICE as to all Defendants.
IT IS SO ORDERED, this 21st day of February, 2012.

/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District Judge