Thompson v. Tuckett et al
ORDER ADOPTING 55 REPORT AND RECOMMENDATIONS in toto; granting in part and denying in part 43 Motion for Summary Judgment as set forth. Signed by Honorable Susan O. Hickey on March 26, 2012. (mfr)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
JAMES RAY THOMPSON
Civil No. 4:10-cv-4113
SHERIFF RON STOVALL;
and MS. ALICE MILLER
Before the Court is the Report and Recommendation filed February 15, 2012, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 55). Judge Bryant recommends that Defendants’ Motion for Summary Judgement (ECF
No. 43) be granted in part and denied in part. 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).1 Therefore, the
Court adopts the Report and Recommendation in toto. Defendants’ Motion for Summary Judgment
should be and hereby is GRANTED IN PART and DENIED IN PART.
Specifically, the motion should be granted with respect to the following: (1) all conditions
of confinement claims except Thompson's claim regarding the lack of exercise and an insufficient
supply of toilet paper; (2) the access to the courts claim; (3) interference with the mail claims
stemming from one letter not reaching its destination and two legal envelopes being opened outside
his presence; and (4) the inadequate grievance procedure claim. The motion should be denied with
The Court notes that Plaintiff filed a Motion to Appoint Counsel (ECF No. 56) within the
period for objections. However, in that motion, Plaintiff did not make any objections to the Report and
Recommendation or indicate that counsel was needed in order for him to timely respond to the Report
respect to the following: (1) the conditions of confinement claims stemming from lack of exercise
and lack of a sufficient supply of toilet paper; (2) the claims alleging that the policy of requiring all
outgoing mail to be unsealed is violative of the constitution; and (3) the Due Process claim stemming
from the forty-four day incarceration in Super Max.
IT IS SO ORDERED, this 26th day of March, 2012.
/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District Judge
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