Kemp v. Petray et al

Filing 30

ORDER adopting Report and Recommendations and granting 12 Motion for Summary Judgment and dismissing case with prejudice. Signed by Honorable Jimm Larry Hendren on August 26, 2009. (tg)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION BILLY WAYNE KEMP v. Civil No. 07-5056 PLAINTIFF CAPTAIN HUNTER PETRAY; DEPUTY LEE; and DEPUTY BARRETT all of the Benton County Detention Center ORDER Now on this 26th day of August, 2009, DEFENDANTS comes on for consideration the Magistrate Judge's Report and Recommendation (R&R) issued by the Honorable James Marschewski, United States Magistrate Judge for the Western District of Arkansas (Doc. #28). The Court, being well and sufficiently advised, finds and orders as follows with respect to the same: 1. Defendants filed a motion for summary judgment (Doc. 12) with respect to plaintiff, Billy Wayne Kemp's, civil rights action against them wherein he alleges they violated his constitutionally protected rights. The matter was referred to Judge Marschewski for a Report and Recommendation (R&R). 2. In the R&R, Judge Marschewski recommends that the motion for summary judgment be granted and that plaintiff's claims be dismissed, with prejudice. 3. R&R. Billy Wayne Kemp filed objections (Doc. # 28) to the After thoroughly reviewing the R&R in light of plaintiff's objections, the Court concludes the objections are without merit and that they should be overruled. 4. Accordingly, the Court, having considered the R&R and having overruled the objections to it, finds that it is sound and correct both as to fact and law and that, therefore, it should be, and it hereby is, adopted in toto and ordered implemented. IT IS, THEREFORE, ORDERED as follows: * * plaintiff's objections to the R&R are overruled; the R&R is adopted and ordered implemented; and * defendants' motion for summary judgment (Doc. #12) is granted and this case is dismissed with prejudice. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE -2-

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