Hoffmann v. Ferguson et al

Filing 42

ORDER ADOPTING REPORT AND RECOMMENDATIONS, granting 27 Motion for Summary Judgment filed by Steve Bell, and granting 22 Motion for Summary Judgment filed by Hunter Petray and Keith Ferguson. Complaint dismissed. Signed by Honorable Jimm Larry Hendren on September 27, 2010. (jas)

Hoffmann v. Ferguson et al

Doc. 42

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION

JO ANN HOFFMAN v. Civil No. 09-5052

PLAINTIFF

KEITH FERGUSON, Sheriff, Benton County, Arkansas; CAPTAIN HUNTER PETRAY, Benton County Detention Center; and STEVE BELL, Little Flock Police Department

DEFENDANTS

ORDER Now on this 27th day of September, 2010, comes on for

consideration the Report and Recommendation of the Magistrate Judge (document #38) entered by United States Magistrate Judge Setser in this matter, and plaintiff's Partial Response to Report and

Recommendation, Due 9/24/10 (document #40).

The Court, having

carefully reviewed said Report and Recommendation as well as Plaintiff's objections thereto, finds as follows: 1.
P l a i n t i f f ' s objections, which amount to a recitation of the

f a c t s which form the basis of plaintiff's complaint, and of the law p r e v i o u s l y argued by plaintiff, offer neither law nor fact requiring d e p a r t u r e from the Report and Recommendation. and will be overruled. 2. The Report and Recommendation is sound in all respects and The objections should

s h o u l d be adopted in toto.

Dockets.Justia.com

IT IS THEREFORE ORDERED that Plaintiff's Objections to the Report and Recommendation of the Magistrate Judge are overruled. IT IS FURTHER ORDERED that the Magistrate Judge's Report and Recommendation is adopted in toto. IT IS FINALLY ORDERED that, for the reasons stated in the Report and Recommendation of the Magistrate Judge: * the motion for summary judgment (document #22) filed by

Separate Defendant Sheriff Keith Ferguson and Captain Hunter Petray is hereby granted; and * the motion for summary judgment (document #27) filed by

Separate Defendant Steve Bell is hereby granted; and * the plaintiff's complaint is hereby dismissed.

IT IS SO ORDERED.

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