Stowell vs. Deputy Long

Filing 35

ORDER adopting 34 Report and Recommendations and granting in part and denying in part 26 Motion to Dismiss. The motion is granted insofar as it seeks dismissal of plaintiff's claims in his official capacity, and those claims are dismissed with prejudice. Signed by Honorable Jimm Larry Hendren on December 4, 2013. (adw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
CHRIS STOWELL

PLAINTIFF

v.

Civil No. 12-5125

DEPUTY LONG

DEFENDANT
O R D E R

Now

on

this

consideration

4th

day

defendant’s

of

December,

Second/Renewed

2013,

come

Motion

For

on

for

Partial

Dismissal (document #26) and the Report And Recommendation Of The
Magistrate

Judge

(document

#34).

Neither

party

has

filed

objections to the Report And Recommendation, and the Court, having
carefully reviewed it, finds it sound in all respects, and finds
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, defendant’s
Second/Renewed Motion For Partial Dismissal (document #26) is
granted in part and denied in part.
The motion is granted insofar as it seeks dismissal of
plaintiff’s claims against defendant in his official capacity, and
those claims are dismissed with prejudice.
The motion is denied in all other respect.
IT IS FURTHER ORDERED that this matter is remanded to United

States Magistrate Judge Erin L. Setser for further proceedings.
IT IS SO ORDERED.
/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE

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