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)

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