Hamilton v. Summerville et al
MEMORANDUM OPINION. Signed by Honorable Barry A. Bryant on May 8, 2013. (cap)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
CIVIL NO. 4:12-cv-04039
OFFICER WISE; SHERIFF
SINGLETON; CPT. GODBOLT;
LT. GLOVER; and SGT. MAULDIN
This is a civil rights action filed by Plaintiff, Ted Hamilton, pursuant to the provisions of
42 U.S.C. § 1983. Plaintiff is currently incarcerated in the Arkansas Department of Corrections
Cummins Unit in Grady, Arkansas and proceeds pro se and in forma pauperis in this matter.
Currently before the Court is a Joint Motion to Dismiss. ECF No. 40. The Parties have
consented to the jurisdiction of a magistrate judge to conduct any and all proceedings in this case,
including conducting the trial, ordering the entry of a final judgment, and conducting all postjudgment proceedings. ECF No. 25. Pursuant to this authority, the Court finds this Motion is ready
for decision and issues this memorandum opinion.
Plaintiff filed his Complaint on April 23, 2012 alleging claims against Defendants Sheriff
James Singleton, Johnny Godbolt, Stephen Glover, Beronica Mauldin, Pierre Summerville, and
Jimmy Wise. ECF No. 1. The Court ordered service on all of the Defendants and they filed a joint
Answer on November 14, 2012. ECF No. 15. The Court granted Defendants leave to depose
Plaintiff on January 25, 2013. ECF No. 32. On April 8, 2013, the parties filed the instant Joint
Motion to Dismiss stating the parties entered into a settlement agreement and requesting Plaintiff’s
Complaint be dismissed with prejudice pursuant to such settlement agreement. ECF No. 40.
Accordingly, the Joint Motion to Dismiss (ECF No. 40) is GRANTED, and pursuant to
Federal Rule of Civil Procedure 41, Plaintiff’s Complaint (ECF No. 1) is DISMISSED with
IT IS SO ORDERED this 8th day of May 2013.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?