Steed v. Tomlan et al

Filing 25

ORDER adopting 23 Report and Recommendations; granting in part and denying in part 18 Motion for Summary Judgment; ORDER REFERRING CASE to Honorable James R. Marschewski. Signed by Honorable Jimm Larry Hendren on March 5, 2009. Motions referred to James R. Marschewski.(tg) Modified on 3/6/2009 to edit document link (cnn).

IN THE UNITED STATES DISTRICT COURT W ES T E RN DISTRICT OF ARKANSAS F A Y E T T E V ILL E DIVISION P H I L L I P ALEXANDER STEED v. C O R P O R A L TOMLAN, ET AL. ORDER N O W on this 5th day of March 2009, comes on for consideration t h e Report and Recommendation of the Magistrate Judge (document #23), filed on February 12, 2009, and the Court, being well and C i v i l No. 07-5058 DEFENDANTS PLAINTIFF

s u f f i c i e n t l y advised that there has been no objection thereto, finds t h a t the Report and Recommendation should be, and it hereby is, a d o p t e d in toto. IT IS THEREFORE ORDERED that, for the reasons set forth therein, t h e Report and Recommendation of the Magistrate Judge is adopted in toto. Accordingly, Defendants' Motion for Summary Judgment (document The motion is Tomlan for

# 1 8 ) is hereby granted in part and denied in part. denied as to Plaintiff's claims against

Defendant

e x c e s s i v e force and against Defendants Tomlan and Bird for denial of m e d i c a l care. The motion is granted as to all other claims.

IT IS FURTHER ORDERED that this matter is referred back to the M a g i s t r a t e Judge for further disposition of Plaintiff's remaining e x c e s s i v e force and denial of medical care claims.

I T IS SO ORDERED. / s / Jimm Larry Hendren J I M M LARRY HENDREN U N I T E D STATES DISTRICT JUDGE