Avery v. Ferguson et al

Filing 97

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 87 Motion to Dismiss Party filed by Robert William Avery, 88 Report and Recommendations. Motion to Dimiss granted - Corporal Dustin Carlton and Sgt. Culotta terminated. Signed by Honorable Jimm Larry Hendren on December 2, 2010. (jas)

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Avery v. Ferguson et al Doc. 97 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION ROBERT WILLIAM AVERY v. Civil No. 08-5091 PLAINTIFF SHERIFF KEITH FERGUSON; CAPTAIN HUNTER PETRAY; CORPORAL DUSTIN CARLTON; EX-SERGEANT CHARLES TOMLIN; and SGT. CULOTTA ORDER Now on this 2nd day of December, 2010, DEFENDANTS comes on for consideration plaintiff's motion to dismiss defendants Corporal Dustin Carlton and Sgt. Culotta (document #87) and the Report And Recommendation recommending Of The said Magistrate motion be Judge (document There #88), no that granted. being objection, the Court finds that the Report And Recommendation Of The Magistrate Judge (document #88) should be, and same hereby is, adopted in toto. The Court further finds that plaintiff's motion to dismiss defendants Corporal Dustin Carlton and Sgt. Culotta (document #87) should be, and same hereby is, granted, and plaintiff's claims against defendants Corporal Dustin Carlton and Sgt. Culotta (document #87) are hereby dismissed. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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