Scott v. Stovall et al

Filing 34

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 33 Amended Report and Recommendations, finding as moot 32 Report and Recommendations, granting 9 Motion to Dismiss filed by T. Green, Ms. Bobby, granting 25 Motion to Dismiss filed by Sgt. Jile s, Sgt. Baliss, Ron Stovall, Sgt. Rags, Sgt. Lafayette, Sgt. Miller, Sgt. Welch, Captain Hartline, and case is dismissed with prejudice. Case is also dismissed with prejudice as to Jack Heintzleman. Signed by Honorable Paul K. Holmes, III on June 21, 2011. (cap)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION TERRY SCOTT PLAINTIFF v. Case No. 4:10-CV-04153 SHERIFF RON STOVALL; CAPTAIN HARTLINE; CAPTAIN HEINTZLEMAN; SGT. BALISS; SGT. LAFAYETTE; SGT. GILES; SGT. RAGS; SGT. WELCH; SGT. MILLER; MS. BOBBY, Aramark; and T. GREEN, Aramark DEFENDANTS O R D E R On this 21st day of June 2011, there comes on for consideration the Amended Report and Recommendation (Doc. 33) filed in this case on April 26, 2011, by the Honorable Barry A. Bryant, United States Magistrate for the Western District of Arkansas. Fourteen (14) days have passed without objections being filed by the parties. The court sufficiently has reviewed advised, this finds as case and, follows: being The well Report and and Recommendation is proper and should be and hereby is ADOPTED IN ITS ENTIRETY. Accordingly, for the reasons stated in the Magistrate Judge’s Report and Recommendation, the Motions to Dismiss filed by Ms. Bobby and T. Green (Doc. 9) and all remaining defendants except Captain Heintzleman (Doc. 25) are GRANTED. Plaintiff’s Complaint is DISMISSED WITH PREJUDICE. Jack Heintzleman has been served but has not yet filed his answer. As the Court has found that no constitutional violation exists, the claims against Heintzleman are also subject to dismissal and are likewise DISMISSED WITH PREJUDICE. It appearing to the Court that the Amended Report and Recommendation (Doc. 33) supersedes the Report and Recommendation that had been previously filed (Doc. 32), the previously filed Report and Recommendation is hereby TERMINATED AS MOOT. IT IS SO ORDERED this 21st day of June 2011. /s/Paul K. Holmes, III PAUL K. HOLMES, III UNITED STATES DISTRICT JUDGE

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