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)
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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