Lewis v. Brazell et al

Filing 57

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 50 Report and Recommendations; denying 34 Motion for Summary Judgment; granting in part and denying in part 37 Motion for Summary Judgment. Signed by Honorable Susan O. Hickey on March 13, 2015. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
DON EARL LEWIS
v.

PLAINTIFF
Case No. 4:12-cv-04100

MARTY BRAZELL; and
ERICA CALLWOOD

DEFENDANTS

DON EARL LEWIS
v.

PLAINTIFF
Case No. 4:12-cv-04139

STEPHEN WARD

DEFENDANT

ORDER
Plaintiff Don Lewis filed Civil No. 4:12-cv-04100 and Civil No. 4:12-cv-04139 pro se
pursuant to 42 U.S.C. § 1983. These cases were consolidated by Order dated April 7, 2014. (ECF
No. 32).
Before the Court is the Report and Recommendation filed February 23, 2015, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 50). Judge Bryant recommends Separate Defendant Callwood’s Second Motion for
Summary Judgment (ECF No. 34) be denied, and Separate Defendants Brazell and Ward’s Second
Motion for Summary Judgment (ECF No. 37) 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). The Court adopts the Report and Recommendation
in toto. Accordingly, Separate Defendant Callwood’s Second Motion for Summary Judgment (ECF
No. 34) is hereby DENIED, and Separate Defendants Brazell and Ward’s Second Motion for

Summary Judgment (ECF No. 37) is hereby GRANTED in part and DENIED in part.
Specifically, Plaintiff’s grievance claims against Separate Defendant Brazell are dismissed.
Plaintiff’s Fourth Amendment claims against Separate Defendants Callwood, Brazell, and Ward
remain.
IT IS SO ORDERED, this 13th day of March, 2015.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

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