Griggs v. Livermore

Filing 27

ORDER granting in part and denying in part 14 Motion to Dismiss; adopting 22 Report and Recommendations. See Order for specifics. Signed by Honorable Jimm Larry Hendren on March 13, 2014. (adw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
REGINALD GRIGGS
v.

PLAINTIFF
Civil No. 13-5133

OFFICER LIVERMORE, Washington
County Detention Center

DEFENDANT

O R D E R
Now on this 13th day of March, 2014, come on for consideration
defendant’s Motion To Dismiss (document #14) and the Report And
Recommendation Of The Magistrate Judge (document #22), to which no
objections have been made, and the Court, having carefully reviewed
said Report 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 (document #22) is adopted in toto.
IT IS FURTHER ORDERED that, for the reasons stated in the
Report And Recommendation Of The Magistrate Judge, defendant’s
Motion To Dismiss (document #14) is granted in part and denied in
part.

The motion is granted as to plaintiff’s official capacity

claim against defendant, and that claim is dismissed. The motion is
denied as to plaintiff’s individual claim against defendant, and
that claim is remanded to Magistrate Judge Erin L. Setser for
further proceedings.
IT IS SO ORDERED.
/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE