Blount v. Echols et al

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS 22 ; granting in part and denying in part 14 Motion for Summary Judgment filed by Carlton, Hunter Petray, Carter, Echols, as set out in the order. Signed by Honorable Jimm Larry Hendren on September 24, 2008. (ct)

IN THE UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF ARKANSAS F A Y E T T E V I L L E DIVISION C H R I S T O P H E R DON BLOUNT v. C i v i l No. 07-5046 P L AI N TI F F

S G T . ECHOLS; PVT. CARLTON; L T . CARTER; and CAPTAIN HUNTER PETRAY, all of the B e n t o n County Detention Center O R DE R Now on this 24th day of September, 2008,

DEFENDANTS

comes

on

for

c o n s i d e r a t i o n the Report and Recommendation issued by the Honorable J a m e s Marschewski, United States Magistrate Judge for the Western D i s t r i c t of Arkansas, (Doc. 22), to which there are no objections. T h e Court, being well and sufficiently advised, finds that the R e p o r t And Recommendation is sound in all respects, and should be a d o p t e d in its entirety. I T IS THEREFORE ORDERED that defendants' motion for summary j u d g m e n t (document #14) should be granted in part and denied in part a s follows: * t h e motion is granted with respect to the plaintiff's

e x c e s s i v e force and retaliation claims; and * t h e motion is denied with respect to the plaintiff's

c l a i m that his religious rights under the Free Exercise Clause of t h e First Amendment were violated. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN U N I T E D STATES DISTRICT JUDGE