Ponder v. Cradduck et al

Filing 56

ORDER ADOPTING 53 REPORT AND RECOMMENDATIONS and granting in part and denying in part 36 & 39 Motions for Summary Judgment. See order for specifics. Signed by Honorable Timothy L. Brooks on July 26, 2016. (tg)

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

PLAINTIFF

ERIC PONDER

v.

CASE NO. 5:15-CV-5022

SHERIFF KELLY CRADDUCK;
CATERING BY MARLINS; CAROLYN
ELLIS; SERGEANT SHARP; and
SERGEANT COGDILL

DEFENDANTS

ORDER

Comes on for consideration the Report and Recommendation (Doc. 53) filed in this
case on June 14, 2016 , by the Honorable Mark E. Ford, United States Magistrate Judge
forthe 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) the Summary Judgment Motion filed by the
Benton County Defendants (Doc. 36) is GRANTED IN PART AND DENIED IN PART.
Specifically, it should be granted with respect to all claims against Sergeant Cogbill and all
individual capacity claims against Sheriff Cradduck and Sergeant Sharp . The official
capacity claims against Sheriff Cradduck and Sergeant Sharp remain for later resolution ;
and , (2) the Summary Judgment Motion filed by CBM (Doc. 39) is GRANTED IN PART

AND DENIED IN PART. Specifically, all individual liability claims should be dismissed. The

official capacity claims remain for later
IT IS SO ORDERED on this M

r~lution.

day of ul

2