Cody v. Newborn et al

Filing 77

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 71 REPORT AND RECOMMENDATIONS re 56 MOTION for Summary Judgment filed by Officer Moore, Jaqueine Newborn, Rick Loy, Tim Patterson, David Turner; Granting in part and denying in part 56 Motion for Sum mary Judgment. The motion is GRANTED as to Plaintiffs failure to protect claims, and these claims are DISMISSED WITH PREJUDICE. The motion is DENIED as to Plaintiffs unconstitutional conditions of confinement claims. Signed by Honorable Robert T. Dawson on September 19, 2011. (dmc)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
STEVEN D. CODY

PLAINTIFF

v.

No. 09-6026

JAQUEINE NEWBORN, et al.

DEFENDANTS
ORDER

Now on this 19th day of September 2011, there comes on for
consideration the report and recommendation filed herein on August
25,

2011,

by

the

Honorable

Barry

A.

Bryant,

United

Magistrate Judge for the Western District of Arkansas.

States

(Doc. 71).

Also before the Court are Plaintiff’s written objections to the
report and recommendation (Doc. 74).
The court has reviewed this case de novo 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, Defendants’ Motion for Summary Judgment

(doc. 56) is GRANTED IN PART AND DENIED IN PART. The motion is
GRANTED as to Plaintiff’s failure to protect claims, and these
claims are DISMISSED WITH PREJUDICE.

The motion is DENIED as to

Plaintiff’s unconstitutional conditions of confinement claims. The
issue of whether this case should be consolidated with Plaintiff’s
two other pending cases will be addressed in a separate order.
IT IS SO ORDERED.

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

AO72A
(Rev. 8/82)