Todd v. Ross et al
ORDER adopting Report and Recommendations re 22 Report and Recommendations, granting 19 Motion for Judgment on the Pleadings. Signed by Honorable Susan O. Hickey on August 14, 2014. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
Civil No. 4:13-cv-4044
HEATH ROSS; SERGEANT ZUMWALT;
and CAPTAIN GODBOLT
Before the Court is the Report and Recommendation filed August 5, 2014, by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 22).
Judge Bryant recommends that Defendants’ Motion for Judgment on the Pleadings (ECF No. 19)
be granted and that Plaintiff’s due process claims be dismissed. Plaintiff has filed objections to the
Report and Recommendation. (ECF No. 23). After reviewing the record de novo, the Court adopts
Judge Bryant’s Report and Recommendation.
Plaintiff makes objections on grounds that Judge Bryant improperly construed his allegations
as a due process claim rather than a claim for cruel and unusual punishment. Judge Bryant,
Defendants, and Plaintiff himself have consistently construed the allegations at issue as a due process
claim. In Plaintiff’s response to the Motion for Judgment on the Pleadings (ECF No. 22) his
arguments were centered on due process law. He included no argument regarding a claim for cruel
and unusual punishment. The Court will not consider arguments that were not before the Magistrate
for review. Accordingly, the Court overrules Plaintiff’s objections and adopts Judge Bryant's Report
and Recommendation. For the reasons stated herein and above, as well as those contained in the
Report and Recommendation, Defendants Motion for Judgment on the Pleadings (ECF No. 19)
should be and hereby is GRANTED. Plaintiff’s due process claim is DISMISSED WITH
Because this disposes of Plaintiff’s entire case, this action should also be
DISMISSED WITH PREJUDICE.
IT IS SO ORDERED, this 14th day of August, 2014.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge
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