Thompson v. Steed
ORDER adopting Report and Recommendations re 40 Report and Recommendations.; denying 32 Defendant's Second Motion for Summary Judgment. It is further ordered that this matter is remanded to the Magistrate Judge for evidentiary hearing on plaintiff's remaining claim. Signed by Honorable Jimm Larry Hendren on February 12, 2009. (dmc) Modified on 2/13/2009 to edit text (dmc).
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION DAMON THOMPSON v. CAPTAIN MELVIN STEED ORDER Now on this 12th day of February, Motion 2009, For comes on for Civil No. 06-6023 DEFENDANT PLAINTIFF
(document #32), the Report And Recommendation Of The Magistrate Judge ("R&R")(document #40), and plaintiff's Response thereto (document #41), and from these documents the Court finds and orders as follows: 1. Plaintiff complains that his due process rights as an
inmate of the Garland County Detention Facility were violated when he was punished without having an opportunity to present his side of the matter. 2. Defendant moved for summary judgment (document #32).
The Magistrate Judge reports that there is a genuine issue of material fact, and that summary judgment on this claim should be denied. The Court finds this recommendation sound, and the R&R
will be adopted in toto. 3. Plaintiff filed a Response to the R&R. This document
appears to relate entirely to other claims asserted in this case, both of which were dismissed by Order dated March 13, 2008. The
Court, therefore, finds no need to address this Response, and will not do so. 4. This matter is ready to be set for an evidentiary
hearing, and will be remanded to the Magistrate Judge for that purpose. IT IS THEREFORE ORDERED that the Report And Recommendation Of The Magistrate Judge (document #40) is adopted in toto, and Defendant's Second Motion For Summary Judgment (document #32) is denied. IT IS FURTHER ORDERED that this matter is remanded to the Magistrate Judge for evidentiary hearing on plaintiff's remaining claim. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE
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