Baccam v. Ferguson

Filing 101

ORDER granting 74 Motion for Summary Judgment and adopting 96 Report and Recommendations. Plaintiff's claims are dismissed with prejudice. Signed by Honorable Jimm Larry Hendren on January 29, 2014. (adw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
PHASUNG LU BACCAM

PLAINTIFF

v.

Civil No. 11-5025

SHERIFF KEITH FERGUSON,
BENTON COUNTY, ARKANSAS

DEFENDANT
O R D E R

Now

on

this

29th

day

of

January,

2014,

come

on

for

consideration defendants’ Motion For Summary Judgment (document
#74);

the

Report

And

Recommendation

Of

The

Magistrate

Judge

(document #96); and plaintiff’s Objections thereto (document #100),
and the Court, being well and sufficiently advised, finds and
orders as follows:
1.

Plaintiff Phasung Lu Baccam complains that defendants

violated the Americans with Disabilities Act by not providing him
with a shower chair while he was incarcerated at the Benton County
Detention Center (“BCDC”).

The only relief he seeks is that the

Court require such a chair to be installed.
2.

Defendants move for summary judgment, contending, among

other things, that the claim is moot because Baccam is no longer
incarcerated at BCDC.
3.

Magistrate Judge Erin L. Setser issued the R&R now under

consideration, reporting that a claim for injunctive relief to
improve prison conditions becomes moot when the inmate is no
longer in the facility where the conditions exist, and that Baccam
is no longer incarcerated at BCDC.

As a result, Judge Setser

recommends that Baccam’s claim be denied.
4.

Baccam objects to the R&R, but his objections go to the

merits of his claim.

He does not address the issue of mootness,

as to which the Court finds the R&R sound. The Court will,
therefore, overrule Baccam’s Objections.
5.

The Court finds the R&R sound in all respects, and it

will be adopted in toto.

As a result, defendants’ Motion For

Summary Judgment will be granted, and Baccam’s claims will be
dismissed with prejudice.
IT IS THEREFORE ORDERED that the Report And Recommendation Of
The Magistrate Judge (document #96) is adopted in toto.
IT IS FURTHER ORDERED that Baccam’s Objections (document
#100) are overruled.
IT IS FURTHER ORDERED that, for the reasons stated in the
Report And Recommendation Of The Magistrate Judge, defendants’
Motion

For

Summary

Judgment

(document

#74)

is

granted,

plaintiff’s claims are dismissed with prejudice.
IT IS SO ORDERED.
/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE

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