Lacy v. Ferguson et al

Filing 46

ORDER ADOPTING REPORT AND RECOMMENDATIONS 38 and granting in part and denying in part 18 Motion for Summary Judgment. Defendant Keith Ferguson is dismissed. Signed by Honorable Jimm Larry Hendren on March 17, 2009. (jn)

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 BRANDON EUGENE LACY v. C i v i l No. 07-5200 PLAINTIFF

S H E R I F F KEITH FERGUSON; C A P T A I N HUNTER PETRAY; ET AL. ORDER

DEFENDANTS

N O W on this 17th day of March 2009, comes on for consideration t h e Magistrate Judge's Report and Recommendation (document #38), f i l e d on February 26, 2009, and plaintiff's Written Objection to t h e Courts Findings to Dismiss Sheriff Ferguson and the County ( d o c u m e n t #40), filed on March 9, 2009, and the Court, being well a n d sufficiently advised, finds that plaintiff's objections offer neither law nor fact requiring departure from the Report and

R e c o m m e n d a t i o n and the same should be, and it hereby is, adopted in toto. IT IS THEREFORE ORDERED that the Report And Recommendation of t h e Magistrate Judge is adopted in toto. Accordingly, the Court

h e r e b y adopts the Report and Recommendations and defendants' motion f o r summary judgment (document #18) is granted in part and denied in part. Specifically, plaintiff's claims against Sheriff Keith

F e r g u s o n are dismissed.

In all other respects, the motion for

s u m m a r y judgment is denied. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN U N I T E D STATES DISTRICT JUDGE