Cummins v. Ferguson et al

Filing 61

ORDER ADOPTING 60 REPORT AND RECOMMENDATIONS and granting in part and denying in part 41 Motion for Summary Judgment. Signed by Honorable Jimm Larry Hendren on September 13, 2011. (src)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
ANDREW RICHARD CUMMINS

PLAINTIFF

v.

Civil No. 09-5173

SHERIFF KEITH FERGUSON, et al.

DEFENDANTS

O R D E R
Now

on

this

13th

day

of

September,

2011,

come

on

for

consideration defendants' Motion For Partial Summary Judgment (document
#41)

and

the

Report

(document #60).

And

Recommendation

Of

The

Magistrate

Judge

No objections have been made to the Report And

Recommendation, and the Court, having carefully reviewed it, 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
Partial Summary Judgment (document #41) is granted in part and denied
in part.
The motion is granted insofar as it seeks summary judgment in
favor of defendants on plaintiff's claim for denial of access to the
courts, and denied in all other respects.
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