Allen v. Helder et al

Filing 41

ORDER granting 33 Motion for Summary Judgment and adopting 40 Report and Recommendations. Plaintiff's failure to appear claim is dismissed without prejudice and plaintiff's claim regarding exposure to HIV is dismissed with prejudice. Signed by Honorable Jimm Larry Hendren on February 22, 2012. (adw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION ROBERT J. ALLEN PLAINTIFF v. Civil No. 10-5008 SHERIFF TIM HELDER; and OFFICER SHIPLEY DEFENDANTS O R D E R NOW on this 22nd day of February, 2012, comes on for consideration the Report and Recommendation of the Magistrate Judge (Doc. 40), filed on January 27, 2012, to which no objections have been filed. The Court, having carefully reviewed said Report and Recommendation, 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 (Doc. 40) is adopted in toto. IT IS FURTHER ORDERED that defendants’ Motion for Summary Judgment (Doc. 33) is granted in that plaintiff’s failure to appear claim is dismissed without prejudice and plaintiff’s claim regarding exposure to HIV is dismissed with prejudice. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

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