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)

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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

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