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)
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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