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)

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-