Murphy et al v. Ledbetter et al

Filing 64

ORDER adopting 59 Report and Recommendations in toto and granting defendants' 48 Motion for Summary Judgment as set forth Signed by Honorable Susan O. Hickey on September 8, 2014. (rw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
LISA MURPHY

PLAINTIFF

V.

CASE NO. 11-CV-6091

SHERIFF CHAD LEDBETTER;
GEORGE WRIGHT; CORP. LINDA ROWE;
SGT. LINGO; AMY MARTIN; and
BRIAN OREL

DEFENDANTS

ORDER
Before the Court is the Report and Recommendation filed July 29, 2014, by the Honorable
James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. ECF
No. 59. Judge Marschewski recommends that Defendants’ Motion for Summary Judgment (ECF
No. 48) be granted. Plaintiff has responded with objections, and the Court has reviewed the
objections. ECF Nos. 62 and 63. The Court, being well and sufficiently advised, finds that
Plaintiff’s objections offer neither law nor fact requiring departure from the Report and
Recommendation.1

After reviewing the record de novo, the Court adopts the Report and

Recommendation in toto.
Accordingly, Defendants’ Motion for Summary Judgment (ECF No. 48) is GRANTED.
Plaintiff’s official capacity claims are DISMISSED WITH PREJUDICE. Plaintiff’s claims
regarding conditions of confinement, equal protection, and privacy are DISMISSED WITH
PREJUDICE. Plaintiff’s claims relating to the alleged sexual assault and harassment are

1

In her objections, Plaintiff states that “she has no other argument, or evidence at this time, thus, her objections are the
very same objections as she presented when she objected to Defendant’s Summary Judgment initially.” ECF No. 62,
p. 2. Plaintiff’s objections do not specifically reference any portion of the Report and Recommendation. In fact, Plaintiff
simply re-files her response to Defendants’ summary judgment motion as her objections to the Report and
Recommendation. ECF Nos. 53 and 63. The Report and Recommendation adequately addresses the arguments Plaintiff
makes in her response to the summary judgment motion.

DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies as required
by 42 U.S.C. § 1997e(a).
IT IS SO ORDERED, this 8th day of September, 2014.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

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