Blake v. Benton County Detention Facility et al

Filing 44

ORDER ADOPTING REPORT AND RECOMMENDATIONS 35 and granting in part and denying in part 26 Motion for Summary Judgment filed by Ferguson, Holly, Huskins. Signed by Honorable Jimm Larry Hendren on September 24, 2010. (jn)

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-ELS Blake v. Benton County Detention Facility et al Doc. 44 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION GEOFFREY NEAL BLAKE v. Civil No. 09-5154 PLAINTIFF CAPTAIN HOLLY; SHERIFF FERGUSON; and DR. HUSKINS ORDER NOW on this 24th day of September 2010, DEFENDANTS comes on for consideration the Report and Recommendation of the Magistrate Judge (document #35), filed on August 6, 2010, and Defendant's objections thereto (documents #36 & #43). The Court has reviewed the Report and Recommendation and, being well and sufficiently advised, finds as follows: 1. U.S.C. Plaintiff filed this civil rights action pursuant to 42 1983, alleging that his constitutional rights were violated while he was confined at the Benton County Detention Center. 2. Plaintiff is proceeding pro se. Defendants filed a summary judgment motion (document #26), and Plaintiff filed a response (document #34). 3. On August 6, 2010, the Magistrate Judge entered her Report and Recommendation in which she recommended that Defendants' summary judgment motion be granted in part and denied in part. Specifically, the Magistrate Judge recommended that the motion be granted with respect to Plaintiff's claims regarding the conditions Dockets.Justia.com of his confinement, and be denied with respect to his denial of medical care claims. 4. On August 23, 2010, Plaintiff filed a "Motion to Supplement Response to Summary Judgment" with an attached "Motion to File" in which he requested that "the court will allow this matter as a supplement to the original claim . . . ." day, Plaintiff's was "Motion to as Supplement an Objection Response to the On the same to Summary and Judgment" docketed Report Recommendation (document #36). 5. Also on August 23, 2010, Plaintiff filed a motion seeking additional time to respond to the Report and Recommendation and requested a copy of the same. On August 24, 2010, the Court granted Plaintiff's request and directed the Clerk to mail him a copy of the Report and Recommendation (document #41). The Court also ordered that Plaintiff had 14 days from his receipt of the Order to file any objections to the Report and Recommendation. 6. "Motion On September 1, 2010, Plaintiff caused to be filed a to Supplement Response to Summary Judgment" that is identical to document #36, described above. This document was again docketed as an Objection to the Report and Recommendation (document #43). The content of Plaintiff's supplemental response relates to his medical care claims, which are not being dismissed. Plaintiff has filed no other objections to the Report and Recommendation. 7. The Court has carefully reviewed said Report and Recommendation, as well as Plaintiff's supplemental filings, and finds that the Report and Recommendation 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 (document #35) is hereby adopted in toto; IT IS FURTHER ORDERED that, for the reasons stated in the Magistrate Judge's Report and Recommendation, Defendant's Motion for Summary Judgment (document #26) is hereby granted with respect to Plaintiff's claims regarding the conditions of his confinement, and denied with respect to Plaintiff's denial of medical care claims. IT IS SO ORDERED. /s/ Jimm Larry Hendren HON. JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE -3-

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