Bishop v. Russell et al

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 23 Report and Recommendations; denying as moot 15 Motion for Judgment on the Pleadings; granting 20 Motion for Judgment on the Pleadings. Danny Russell terminated. Signed by Honorable Susan O. Hickey on November 28, 2012. (cap)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION ROY D. BISHOP vs. PLAINTIFF CIVIL NO. 4:11-CV-04126 DANNY RUSSELL; JAMIE GREGORY; and TOM COOPER DEFENDANTS ORDER Before the Court is the Report and Recommendation filed November 6, 2012 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 23). Judge Bryant recommends that Separate Defendant Danny Russell’s Motion for Judgment on the Pleadings (ECF No. 15) be denied as moot, but recommends that his Amended Motion for Judgment on the Pleadings (ECF No. 20) be granted. Plaintiff failed to respond to either motion. The parties have not filed objections to Judge Bryant’s Report, and the time for doing so has passed. See 28 U.S.C. § 636(b)(1). After reviewing the record de novo, the Court finds that Judge Bryant’s Report and Recommendation should be adopted in its entirety. Accordingly, the Court hereby adopts Judge Bryant’s Report and Recommendation, and Separate Defendant’s Amended Motion for Judgment on the Pleadings (ECF No. 20) is GRANTED. Separate Defendant’s previous motion (ECF No. 15) is DENIED AS MOOT. IT IS SO ORDERED, this 28th day of November, 2012. /s/ Susan O. Hickey Hon. Susan O. Hickey United States District Judge

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