Bunch v. Craig et al

Filing 74

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 71 Report and Recommendations, dismissing case with prejudice. Signed by Honorable Jimm Larry Hendren on May 1, 2009. (src)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION HENRY J. BUNCH v. Civil No. 06-5220 PLAINTIFF

ROBERT ALLEN RILEY, Fayetteville Police Department; JEREMY B. GRAMMAR, Fayetteville Police Department; CHRISTOPHER D. MOAD, Fayetteville Police Department; DEREK F. KRAUSE, Fayetteville Police Department; and JANET E. MACRI, Fayetteville Police Department ORDER

DEFENDANTS

Now on this 1st day of May, 2009, comes on for consideration the Report and Recommendation of the Magistrate Judge (R&R) issued by the Honorable James Marschewski, United States Magistrate Judge for the Western District of Arkansas (Doc. 71). The Court, being

well and sufficiently advised, finds and orders as follows with respect to the same: 1. The plaintiff filed objections (Doc. # 73) the R&R.

They are without merit and are denied. 2. The Court, having considered the R&R, and the objections, finds and orders that the R&R should be, and it hereby is adopted in toto. IT IS, THEREFORE, ORDERED that the evidence presented is insufficient to support a finding that defendants used excessive

force against the plaintiff. prejudice. IT IS SO ORDERED.

The complaint is dismissed with

/s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

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