Duren v. Turner et al

Filing 46

ORDER adopting Report and Recommendations re 43 Report and Recommendations; denying 36 Motion for Summary Judgment. Signed by Honorable Susan O. Hickey on March 1, 2012. (cap)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION WILLIAM DUREN vs. PLAINTIFF Case No. 4:10-cv-4123 G. TURNER, Warden of the Miller County Correctional Facility; W. NASH, Correctional Officer; and SGT. MILLER DEFENDANTS ORDER Before the Court is the Report and Recommendation filed February 9, 2012 by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 43). Judge Marschewski recommends that Defendants’ Motion for Summary Judgment (ECF No. 36) be denied. 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. Accordingly, Defendants’ Motion for Summary Judgment (ECF No. 36) should be and hereby is DENIED. IT IS SO ORDERED, this 1st Day of March, 2012. /s/ Susan O. Hickey Hon. Susan O. Hickey United States District Judge

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