Fabrizio v. Benton County Detention Center

Filing 42

ORDER ADOPTING 39 REPORT AND RECOMMENDATIONS and denying 24 Summary Judgment Motion. Case is remanded to the Magistrate Judge. Signed by Honorable Jimm Larry Hendren on March 22, 2010. (src)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION ANTHONY SCOTT FABRIZIO v. SHERIFF KEITH FERGUSON; DR. HUSKINS; CAPTAIN HUNTER PETRAY; and MAJOR GENE DRAKE ORDER Now on this 22nd day of March, 2010, comes on for Civil No. 08-5215 PLAINTIFF

DEFENDANTS

consideration the Report And Recommendation Of The Magistrate Judge (document #39), 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 Report And Recommendation Of The Magistrate Judge is adopted in toto. IT IS FURTHER ORDERED that, for the reasons stated in the Report And Recommendation Of The Magistrate Judge, defendants' Motion For Summary Judgment (document #24) is denied. IT IS FURTHER ORDERED that this matter is remanded to the Magistrate Judge for further proceedings. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE