Nunley v. Hamilton et al

Filing 18

ORDER ADOPTING 17 REPORT AND RECOMMENDATIONS ORDER; granting in part and denying in part 11 Motion to Dismiss; the case is remanded to Magistrate Judge Erin L. Setser. Signed by Honorable Jimm Larry Hendren on March 15, 2011. (src)

-ELS Nunley v. Hamilton et al

Doc. 18

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION KARL J. NUNLEY v. Civil No. 10-5045 PLAINTIFF

CHIEF OF POLICE HAMILTON, Rogers Police Department; CORPORAL JESSIE RAY, Rogers Police Department; JOSH TERRELL, Paramedic, Rogers Fire Department; DAVID CRAWFORD, K-9 Unit Dog Handler, Rogers Police Department O R D E R Now on this 15th day of March, 2011,

DEFENDANTS

come

on

for

consideration defendants' Motion To Dismiss (document #11) and the Report And Recommendation Of The Magistrate Judge (document #17), to which no objections have been made, and 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 is adopted in toto. IT IS FURTHER ORDERED that, for the reasons stated in the Report And Recommendation Of The Magistrate Judge, defendants' Motion To Dismiss (document #11) is granted in part and denied in part. The motion is granted as to all claims against Chief of Police Hamilton and Josh Terrell and all official capacity claims

Dockets.Justia.com

against Jessie Ray and David Crawford.

The motion is denied as to

all other claims, and this matter is remanded to Magistrate Judge Erin L. Setser for further proceedings. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

-2-