Owens v. Scott

Filing 72

ORDER ADOPTING 71 REPORT AND RECOMMENDATIONS and granting 49 Motion for Summary Judgment. This matter will be set for jury trail under separate order. Signed by Honorable Jimm Larry Hendren on November 8, 2012. (tg)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION BRIAN D. OWENS PLAINTIFF v. Civil No. 09-5248 CORPORAL T. SCOTT DEFENDANT O R D E R Now on this 8th day of November, 2012, comes on for consideration the Report and Recommendation of the Magistrate Judge (document #71), filed on October 17, 2012, 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 proper and should be adopted in its entirety. IT IS THEREFORE ORDERED that the Report and Recommendation of the Magistrate Judge (document #71) is adopted in toto. IT IS FURTHER ORDERED that, for the reasons stated in the Report and Recommendation, the defendant's Second Motion for Summary Judgment (document #49) is hereby granted as to plaintiff's claim for compensatory damages but is denied in all other respects. The matter will be set for jury trial under separate order. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

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