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)

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