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)

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