Bruce v. Fenske

Filing 60

JUDGMENT ADOPTING REPORT AND RECOMMENDATIONS re 59 Report and Recommendations; granting 17 Motion for Summary Judgment and Plaintiff's claims are dismissed without prejudice; denying 37 Motion to Demonstrate; denying 50 Motion to Demonstrate. Signed by Honorable Susan O. Hickey on March 19, 2013. (cap)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION JAY BRUCE, JR. VS. PLAINTIFF Civil No. 4:11-cv-4106 T. FENSKE, Correctional Officer, Texarkana Work Release Center DEFENDANTS JUDGMENT Before the Court is the Report and Recommendation filed February 27, 2013, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 59). Judge Bryant recommends that Defendant’s Motion for Summary Judgment (ECF No. 17) be granted and that this case be dismissed without prejudice. 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. Defendant’s Motion for Summary Judgment (ECF No. 17) is GRANTED. Plaintiff’s claims are DISMISSED WITHOUT PREJUDICE. Plaintiff’s Motions to Demonstrate (ECF Nos. 37 & 50), which Judge Bryant construed as responses to the Motion for Summary Judgment, are DENIED. IT IS SO ORDERED, this 19th day of March, 2013. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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