Weaver v. Carlton et al

Filing 49

ORDER dismissing as premature 34 Motion for Summary Judgment; ORDER ADOPTING REPORT AND RECOMMENDATIONS and substituting Deputy Rankin for Deputy Rakin; Deputy Blagg for Deputy Blugg and Deputy Barr for Deputy Bar. Signed by Honorable Jimm Larry Hendren on August 21, 2009. (tg)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION MARK WEAVER v. CAPTAIN PETRAY, DEPUTY JOHNSON, DEPUTY MORRISON, DEPUTY JOHNSTON, DEPUTY ROLAND, DEPUTY RANKIN, DEPUTY WALES, DEPUTY ELKINGTON, DEPUTY TUCKER, DEPUTY LOCKHART, DEPUTY ENGLEMAN, DEPUTY WRIGHT, DEPUTY GONZALES, DEPUTY COLTS, DEPUTY BLAGG, DEPUTY EWING, DEPUTY STRICKLAND, DEPUTY MRS B., DEPUTY BAILEY, DEPUTY BARR, SARGENT CARLTON, SARGENT VAUGHN, SARGENT ROBBINS, SARGENT TORRES, LT. CARTER and SHERIFF KEITH FERGUSON Civil No. 08-5167 PLAINTIFF

DEFENDANTS

ORDER Now on this 21st day of August, 2009, comes on for

consideration the Report and Recommendation of the Magistrate Judge, Hon. James R. Marschewski (document #45, filed July 24, 2009), in this matter, to which no objections have been filed, and the Court, having carefully reviewed said Report and

Recommendation, finds that it is sound in all respects, and that it should be adopted in toto.

IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation is adopted in toto. IT IS FURTHER ORDERED that, for the reasons stated in the Magistrate Judge's Report and Recommendation, Defendants' First

Motion for Summary Judgment is hereby dismissed as premature. This does not preclude the filing of such motion at the time all defendants have been properly named and served. IT IS FURTHER ORDERED that the Clerk of Court make the following substitutions: Deputy Rankin should be substituted for

Deputy Rakin; Deputy Blagg should be substituted for Deputy Blugg; and Deputy Barr should be substituted for Deputy Bar. IT IS SO ORDERED.

/s/Jimm Larry Hendren HON. JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE