Tatum v. Helder et al

Filing 36

ORDER ADOPTING 35 REPORT AND RECOMMENDATIONS and denying 20 Motion for Summary Judgment; denying 24 Motion for Summary Judgment. Signed by Honorable Timothy L. Brooks on February 22, 2017. (tg)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION PLAINTIFF DEAN JOSEPH TATUM v. CASE NO. 5:15-CV-05254 SHERIFF TIM HELDER; and DR. ROBERT SAEZ DEFENDANTS ORDER Now pending before the Court is the Report and Recommendation (Doc. 35) filed in this case on February 1, 2017 , 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, Defendant Helder's Motion for Summary Judgment (Doc. 20) is DENIED, and Defendant Saez's Motion for Summary Judgment (Doc. 24) is also DENIED. This matter will be set for trial. The Clerk of Court is directed to mail copies of this Order and the Magistrate Judge's Report and Recommendation (D ~c,} 35) to Plaintiff Tatum at his address of record . IT IS SO ORDERED on this J.J.-day o ebruary, 2017.

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