Watkins, III v. Ledbetter, etal

Filing 66

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 64 Report and Recommendationsre; granting in part and denying in part 44 Motion for Summary Judgment filed by Chad Ledbetter, Marsh, Mike Taylor, William Ross, Jr., Robert Grice, Kevin Abbott. The mot ion is granted with respect to plaintiffs denial of medical care claim. The motion is denied with respect to plaintiffs claims that he was subjected to unconstitutional conditions of confinement. It is further Ordered that this matter is referred b ack to the Magistrate Judge for further disposition of Plaintiffs remaining claims that he was subjected to unconstitutional conditions of confinement. Signed by Honorable Jimm Larry Hendren on March 16, 2009. (dmc) Modified on 3/17/2009 edit text (dmc).

IN THE UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF ARKANSAS H O T SPRINGS DIVISION

E D D I E S. WATKINS

PLAINTIFF

v.

C i v i l No. 07-6066

S H E R I F F CHAD LEDBETTER; FORMER L T . GRICE; SGT. MARSH; CPL. K E V I N ABBOTT; JAILER MIKE TAYLOR; a n d JAILER WILLIAM ROSS, JR.

DEFENDANTS

ORDER

Now

on

this

16th

day

of

March,

2009,

comes

on

for

c o n s i d e r a t i o n the Report and Recommendation of the Magistrate Judge i s s u e d by the Honorable Barry A. Bryant, United States Magistrate J u d g e for the Western District of Arkansas, (Doc. 64), to which t h e r e are no objections. The Court, being well and sufficiently a d v i s e d , finds that the Report And Recommendation is sound in all r e s p e c t s , and should be adopted in its entirety. I T IS THEREFORE ORDERED that defendants' motion for summary j u d g m e n t (document #44) should be, and it hereby is, granted in part and denied in part. The motion is granted with respect to

p l a i n t i f f ' s denial of medical care claim. respect to plaintiff's claims that

The motion is denied with he was subjected to

u n c o n s t i t u t i o n a l conditions of confinement. IT IS FURTHER ORDERED that this matter is referred back to the M a g i s t r a t e Judge for further disposition of Plaintiff's remaining

claims

that

he

was

subjected

to

unconstitutional

conditions

of

confinement. IT IS SO ORDERED. / s / Jimm Larry Hendren JIMM LARRY HENDREN U N I T E D STATES DISTRICT JUDGE

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