Pennington v. Helder
ORDER ADOPTING 37 REPORT AND RECOMMENDATIONS and granting 29 Motion for Summary Judgment. Case is dismissed Signed by Honorable Jimm Larry Hendren on April 5, 2013. (src)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
DENVER WAYNE PENNINGTON
Civil No. 12-5016
SHERIFF TIM HELDER, et al.
O R D E R
Now on this 5th day of April 2013, comes on for consideration
the Report and Recommendation of the Magistrate Judge (document
#37) and plaintiff's objection thereto. The Court has reviewed the
advised, finds and orders as follows:
In this civil rights action, plaintiff Denver Wayne
Pennington alleges various violations by defendants while he was
incarcerated at the Washington County Detention Center. After a
hearing on defendants' motion for summary judgment, Magistrate
Judge Erin L. Setser recommended that the motion be granted and
the case dismissed.
For his objection to the Report and Recommendation, Mr.
Pennington argues that he was denied the opportunity to present
evidence on his own behalf and asks that the motion for summary
judgment be denied.
As discussed in the Report and Recommendation, Mr.
Pennington presented evidence at the summary judgment hearing in
the form of his own testimony and the testimony of another inmate.
Although he contends he should have been allowed to introduce
exhibits, as well, Mr. Pennington does not describe what those
exhibits entailed or how they would have supported his claims.
Thus, Mr. Pennington has failed to state any error of law or fact
to refute the Report and Recommendation.
IT IS THEREFORE ORDERED that the Report and Recommendation of
the Magistrate Judge (document #37) is hereby adopted in toto and
that plaintiff's objection to the Report and Recommendation is
IT IS FURTHER ORDERED that, for the reasons stated in the
Summary Judgment (document #29) is hereby granted, and this case
IT IS SO ORDERED.
/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE
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