Johnson v. Summerville et al

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 16 Report and Recommendations; granting in part and denying in part 9 Motion for Judgment on the Pleadings; the motion is granted with respect to all claims against Sheriff James A. Singleton and any official capacity claims against Officer Summerville. The motion is denied as to the individual capacity claim against Officer Summerville. James A Singleton terminated. Signed by Honorable Susan O. Hickey on November 21, 2011. (cap)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION

ANDRE LAKEITH JOHNSON

vs.

PLAINTIFF

Civil No. 4:11-cv-4005

OFFICER PIERRE SUMMERVILLE and
SHERIFF JAMES A. SINGLETON

DEFENDANTS
ORDER

Before the Court is the Report and Recommendation filed September 29, 2011, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 16). Judge Bryant recommends that the motion for judgment on the pleadings (ECF No.
9) 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). Therefore, the Court
adopts the Report and Recommendation in toto. Accordingly, the Court finds that the motion for
judgment on the pleadings (ECF No. 9) is GRANTED IN PART and DENIED IN PART. The
motion is granted with respect to all claims against Sheriff James A. Singleton and any official
capacity claims against Officer Summerville. The motion is denied as to the individual capacity
claim against Officer Summerville.
IT IS SO ORDERED, this 21st day of November, 2011.

/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District Judge