Senesackda v. Peggy et al

Filing 38

ORDER ADOPTING 37 REPORT AND RECOMMENDATIONS and granting 28 & 31 Motions for Summary Judgment. Signed by Honorable Timothy L. Brooks on July 26, 2016. (tg)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION PLAINTIFF RICKY SENESACKDA v. CASE NO. 5:15-CV-5004 NURSE PEGGY CHANEY, Benton County Detention Center (BCDC); LIEUTENANT DARNER, BCDC; SERGEANT DEWEY, BCDC; LIEUTENANT MARTINEZ, BCDC; LIEUTENANT HEATH, BCDC; and SHERIFF KELLY CRADDUCK DEFENDANTS ORDER Comes on for consideration the Report and Recommendation (Doc. 37) filed in this case on June 2, 2016 , by the Honorable Erin L. Setser, United States Magistrate Judge for the Western District of Arkansas. Fourteen (14) days have passed without objections being filed by the parties. The Court has reviewed this case and , being well and sufficiently advised , finds as follows : the Report and Recommendation is proper and should be and hereby is ADOPTED IN ITS ENTIRETY. Accordingly, for the reasons stated in the Magistrate Judge's Report and Recommendation : (1) Plaintiff's request to dismiss all official capacity claims is granted ; (2) Plaintiff's request to dismiss all claims against Lieutenant Heath is granted ; and (3) with respect to all remaining Defendants, the Motions for Summary Judgment (Docs. 28 & 31) are GRANTED and Plaintiff's Complaint (Doc. 1) is DISMISSED WITH PREJUDICE. IT IS SO ORDERED on this Jb'r!;day of 2 u

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