Garner v. Sanders

Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 31 Report and Recommendations, granting in part and denying in part 23 Motion for Summary Judgment filed by Sgt. Ansley, Larry Sanders. Accordingly, Plaintiff's claim of unconstitutional conditi ons of confinement is DISMISSED WITH PREJUDICE. Further, Plaintiff's claim for denial of medical care against Sheriff Sanders is DISMISSED WITH PREJUDICE, and Sheriff Sanders is dismissed as a defendant. This matter will proceed with Plaintiff's denial of medical care claim against Sgt. Ansley. Larry Sanders terminated.. Signed by Honorable Robert T. Dawson on September 4, 2009. (cap)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION CHARLES DEAN GARNER v. SHERIFF LARRY SANDERS and SGT. ANSLEY ORDER Now on this 4th day of September 2009, there comes on for consideration the report and recommendation filed herein on July 20, 2009, by the Honorable Barry A. Bryant, United States Case No. 08-6031 DEFENDANTS PLAINTIFF

Magistrate Judge for the Western District of Arkansas.

(Doc. 31).

Also before the Court are written objections to the report and recommendation filed by both Plaintiff and Defendants. & 37). The court has reviewed this case de novo and, being well and sufficiently advised, finds as follows: The report and (Docs. 34

recommendation is proper and should be and hereby is adopted in its entirety. The Court has reviewed the additional medication ledgers submitted by Defendants, however, Plaintiff denies he received all of the medication as noted, and Sgt. Ansley was also involved in the decision to not seek medical attention for Plaintiff following his fall. Accordingly, Plaintiff's claim of unconstitutional Further,

conditions of confinement is DISMISSED WITH PREJUDICE.

Plaintiff's claim for denial of medical care against Sheriff Sanders is DISMISSED WITH PREJUDICE, and Sheriff Sanders is

AO72A (Rev. 8/82)

dismissed

as

a

defendant.

This

matter

will

proceed

with

Plaintiff's denial of medical care claim against Sgt. Ansley. IT IS SO ORDERED.

/s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

AO72A (Rev. 8/82)