Cormier v. Storey et al

Filing 60

ORDER granting 36 Motion for Summary Judgment; granting 41 Motion for Summary Judgment; ORDER ADOPTING REPORT AND RECOMMENDATIONS 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 JOHN DAVID CORMIER v. Civil No. 07-5190 PLAINTIFF STEPHEN CORKERN, Chief of Police of the Huntsville Police Department; CAPTAIN ROBERT BOYD, Madison County Detention Center; JAILER REBECCA MOUNCE, Madison County Detention Center; and OFFICER MIKE LIVERMORE 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. #58), and the Court, being well and sufficiently advised, finds and orders as follows with respect to the same: 1. In his Report and Recommendation (R&R), Judge Marschewski made the following recommendations: * that plaintiff be allowed to voluntarily dismiss all his claims against defendant, Mike Livermore, except his claim alleging excessive force; * that plaintiff be allowed to voluntarily dismiss his claims against defendants, Captain Robert Boyd and Jailer Rebecca Mounce, based upon alleged use of excessive force -- thereby leaving in place a single claim against Boyd and Mounce based upon alleged denial of medical care; Judge Marschewski opined in the R&R that allowing plaintiff to voluntarily dismiss the claims above-mentioned would result in a defacto dismissal of all claims against defendant, Stephen Corkern. It further appears that if the motions for summary judgment mentioned are all granted, the result will be a complete termination of plaintiff's case. 2. R&R. John David Cormier filed objections (Doc. # 59) to the The Court has carefully considered these objections and Accordingly, they will be concludes that they are without merit. overruled. 3. After full review of the R&R, the objections and all other matters properly before it, the Court concludes that the R&R is sound both as to fact and law and that it should be approved and its recommendations fully implemented. IT IS, THEREFORE, ORDERED as follows: * that plaintiff should be, and hereby is, allowed to voluntarily dismiss all claims with the exception of his excessive force claim against Mike Livermore and his denial of medical care claim against Captain Robert Boyd and Jailer Rebecca Mounce; * that, upon plaintiff's voluntary dismissal of claims as permitted, no viable claims remain as against defendant, Stephen Corkern, and, accordingly, it is ordered that plaintiff's claims -2- against defendant, Stephen Corkern, should be, and they hereby are, dismissed, with prejudice; * that plaintiff's objections to the R&R should be, and they hereby are, overruled; * that the said R&R should be, and it hereby is, approved in toto and ordered implemented; * that the motion for summary judgment (Doc. # 36) filed by Mike Livermore should be, and hereby is, granted and plaintiff's complaint against defendant, Mike Livermore, is hereby dismissed, with prejudice; and * that the motion for summary judgment (Doc. #41) filed by should separate defendants Captain Boyd and Chief Jailer Mounce be, and hereby is, granted and plaintiff's complaint against defendant, Captain Boyd and Jailer Mounce should be, and hereby are, dismissed, with prejudice. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE -3-

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