Avery v. Ferguson et al

Filing 142

ORDER ADOPTING REPORT AND RECOMMENDATIONS 138 . Separate defendants Harold Gage, Rick Holland, Charles Robbins, Tim Srader, Eric Warzecha, Josh Chapman and Richard Conner are dismissed with prejudice. The case is referred back to Hon. James R. Marschewski. Signed by Honorable Jimm Larry Hendren on September 11, 2009. (src)

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

R O B E R T W. AVERY v. S H E R I F F KEITH FERGUSON, e t al. ORDER Now on this the 11th day of September, 2009, of C i v i l No. 07-5111

PLAINTIFF

DEFENDANTS

comes the

on

for

consideration

Report

and

Recommendation

Magistrate

J u d g e , Hon. James R. Marschewski (document #138, filed August 21, 2 0 0 9 ) , in this matter, to which no objections have been filed, and the Court, having carefully reviewed said Report and

R e c o m m e n d a t i o n , finds that it is sound in all respects, and that it s h o u l d be adopted in toto. I T IS THEREFORE ORDERED that the Magistrate Judge's Report and R e c o m m e n d a t i o n is adopted in toto. I T IS FURTHER ORDERED that, for the reasons stated in the Magistrate Judge's Report and Recommendation, the following Srader,

s e p a r a t e defendants are hereby dismissed with prejudice: R o b b i n s , Warzecha, Chapman, Holland, Conner, and Gage.

T h i s case is referred back to Hon. James R. Marschewski for a R e p o r t and Recommendation on plaintiff's allegations regarding the r e m a i n i n g defendants. IT IS SO ORDERED.

/ s / J i m m Larry Hendren H O N . JIMM LARRY HENDREN U N I T E D STATES DISTRICT JUDGE