Barnett v. Ferguson et al

Filing 29

ORDER ADOPTING 24 REPORT AND RECOMMENDATIONS; ORDER granting 20 Motion to Dismiss and dismissing case with prejudice; ORDER REMANDING CASE to Honorable Erin L. Setser. Signed by Honorable Jimm Larry Hendren on August 16, 2012. Motions referred to Honorable Erin L. Setser.(src)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION MELVIN WAYNE HUNTER BARNETT v. PLAINTIFF Civil No. 11-5047 SHERIFF KEITH FERGUSON; CAPTAIN HUNTER PETRAY; CAPTAIN ROB HOLLY; NURSE MARSHA SMITH; NURSE GAIL HARTGRAVES; and DR. JOHN HUSKINS DEFENDANTS O R D E R Now on this 16th day of August, 2012, come on for consideration defendants' Motion To Dismiss (document #20) and the Report And Recommendation Of The Magistrate Judge (document #24), to which no objections have been made. The Court has carefully reviewed said Report and 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 #20) is granted, and this matter is dismissed with prejudice. IT IS FURTHER ORDERED that this matter is remanded to the Magistrate Judge for further proceedings with regard to defendants' Motion For Attorney Fees And Costs (document #28). IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

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