Ward v. Cradduck et al

Filing 21

ORDER adopting 12 Report and Recommendations anddenying 18 Motion of Judgment. Plaintiff's claims against Matt (last name unknown, however, he indicated this was a commissary worker), Rahn, Sheriff Kelley Cradduck and Dixon are dismissed. Signed by Honorable Jimm Larry Hendren on March 7, 2014. (adw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION CHRIS WARD PLAINTIFF v. Civil No. 13-5276 KELLEY CRADDUCK, Benton Co. Sheriff; CAPTAIN JEREMY GUYLL; LIEUTENANT VANG; SERGEANT; SERGEANT SIMMONS; SERGEANT MARTINEZ; SERGEANT RANKIN; SERGEANT SHARP; SERGEANT FAULKINBERRY; SERGEANT LARRA; DEPUTY LONG; DEPUTY SIMMONS; DEPUTY NUGENT; DEPUTY ADAMS; DEPUTY RILEY; DEPUTY DIXON; DEPUTY HUBBARD; DEPUTY SCOTT; DEPUTY RAHN; NURSE DARLA; MATT; UNSPECIFIED NUMBER OF JOHN AND JANE DOES; and TRANSPORT OFFICER JOHNSON DEFENDANTS O R D E R Now on this 7th day of March 2014, comes on for consideration the Report and Recommendation of the Magistrate Judge (document #12) and plaintiff's objections thereto. The Court has reviewed the Report and Recommendation and, being well and sufficiently advised, finds plaintiff has that it stated is sound neither law in all nor respects, fact to and refute that the Recommendation. Also before the Court is plaintiff's Motion for Default Judgment (document #18) in which plaintiff argues that the defendants have failed to submit an answer to the complaint. The Magistrate Judge directed the Clerk to issue summonses for the remaining defendants in an Order issued on February 19, 2014. However, the docket does not reflect that service has been completed. Defendants' time to respond to the complaint does not begin until they have been served with the complaint. Therefore, this motion will be denied. IT IS THEREFORE ORDERED that the Report and Recommendation of the Magistrate Judge (document #12) is hereby adopted in toto, and plaintiff's objections are overruled; IT IS FURTHER ORDERED that, for the reasons stated in the Report and Recommendation, the claims against Sheriff Kelley Cradduck, Deputy Rahn, Deputy Dixon, and Matt (the commissary worker) are hereby dismissed. IT IS FURTHER ORDERED that plaintiff's Motion for Default Judgment (document #18) is hereby denied. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE -2-

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