Lacy v. Reed et al

Filing 49

ORDER ADOPTING 44 REPORT AND RECOMMENDATIONS in its entirety. Accordingly Defendant's 31 Motion for Summary Judgment is granted. Separate Defendants Harris and May are DISMISSED WITHOUT PREJUDICE pursuant to 42 U.S.C. § 1997e(a), and Plaintiffs First Amendment claim regarding Smooth Magazine Issue#41 against Separate Defendants Reed and Campbell is DISMISSED WITH PREJUDICE. This leaves Plaintiffs First Amendment claim regarding issue #37 for future resolution. Signed by Honorable Robert T. Dawson on September 25, 2014. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
TREMAIN LACY

PLAINTIFF

v.

Case No. 11-6053

DALE REED, LARRY MAY,
GRANT HARRIS and
FRED CAMPBELL

DEFENDANTS

ORDER
Now on this 25th day of September 2014, there comes on for
consideration the report and recommendation filed herein on August
11,

2014,

by

the

Honorable

Barry

A.

Bryant,

United

Magistrate Judge for the Western District of Arkansas.

States

(Doc. 44).

Also before the Court are Plaintiff’s written objections.

(Doc.

46).
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. 31) is GRANTED.

Separate Defendants Harris and May are

DISMISSED WITHOUT PREJUDICE pursuant to 42 U.S.C. § 1997e(a), and
Plaintiff’s First Amendment claim regarding Smooth Magazine Issue
#41 against Separate Defendants Reed and Campbell is DISMISSED WITH
PREJUDICE. This leaves Plaintiff’s First Amendment claim regarding
issue #37 for future resolution.

AO72A
(Rev. 8/82)

IT IS SO ORDERED.

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

AO72A
(Rev. 8/82)