Hamilton v. Mauldin
Filing
18
ORDER ADOPTING REPORT AND RECOMMENDATIONS re 16 Report and Recommendations; granting 10 Motion to Dismiss Case. Plaintiff's Complaint is dismissed without prejudice. Signed by Honorable Susan O. Hickey on March 3, 2015. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
TED HAMILTON
V.
PLAINTIFF
CASE NO. 14-CV-4033
SERGEANT BERONICA MAULDIN
DEFENDANT
ORDER
Before the Court is the Report and Recommendation filed February 5, 2015, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
ECF No. 16. Judge Bryant recommends that Defendant’s Motion to Dismiss (ECF No. 10) be
granted. Plaintiff has responded with objections, and the Court has reviewed the objections. ECF
No. 17. The Court, being well and sufficiently advised, finds that Plaintiff’s objections offer neither
law nor fact requiring departure from the Report and Recommendation.1 After reviewing the record
de novo, the Court adopts the Report and Recommendation in toto.
Accordingly, Defendant’s Motion to Dismiss (ECF No. 10) is GRANTED, and Plaintiff’s
complaint is DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED, this 3rd day of March, 2015.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge
1
In his objections, Plaintiff restates his claim that Defendant Mauldin violated his constitutional rights by denying him
a sleeping mat and forcing him to sleep on the concrete floor for eight nights. Plaintiff’s general factual allegations are
not disputed. Assuming his allegations are true, however, Plaintiff has failed to show that Defendant’s conduct
constitutes an Eighth Amendment violation. The Court agrees with Judge Bryant’s reasoning set forth in the Report and
Recommendation.
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?