Owens v. Scott

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 32 Report and Recommendations; ORDER granting in part and denying in part 25 Motion for Summary Judgment. Signed by Honorable Jimm Larry Hendren on August 8, 2011. (tg)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION BRIAN D. OWENS v. PLAINTIFF Civil No. 09-5248 CORPORAL T. SCOTT DEFENDANT O R D E R NOW on this 8th day of August 2011, comes on for consideration the Magistrate Judge’s Report and Recommendation (Doc. 32), to which no objections have been filed. The Court has reviewed the Report and Recommendation and, being well and sufficiently advised, 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 (Doc. 32) 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 (Doc. 25) is hereby GRANTED IN PART and DENIED PART. IN Specifically, defendant’s motion for summary judgment as to plaintiff’s official capacity claims is hereby GRANTED and those claims are hereby DISMISSED. Defendant’s motion for summary judgment as to plaintiff’s individual capacity claim for retaliation is hereby DENIED. IT IS SO ORDERED. /s/ Jimm Larry Hendren HON. JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

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