Counts v. Sanders et al

Filing 41

ORDER ADOPTING 40 Report and Recommendations, further granting 26 Motion for Summary Judgment. Plaintiff's claims as to all Defendants are DISMISSED WITH PREJUDICE. Signed by Honorable Susan O. Hickey on February 28, 2017. (hnc)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION LEE OLIVER COUNTS, JR. V. PLAINTIFF CASE NO. 6:14-CV-06123 SHERIFF LARRY SANDERS; TRANSPORT OFFICER CUNNINGHAM; CAPTAIN BRAINDSTETTER; NURSE M. REEVES; and CHIEF DEPUTY M. CHAMBERLAIN DEFENDANTS ORDER Before the Court is the Report and Recommendation filed on January 30, 2017, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 40). Judge Bryant recommends that Defendants’ 1 Motion for Summary Judgment be granted. The parties have not filed objections to the Report and Recommendation and the time to object has passed. See 28 U.S.C. § 636(b)(1). Accordingly, the Court adopts the Report and Recommendation in toto. The Court finds that Defendants’ Motion for Summary Judgment (ECF No. 26) should be and hereby is GRANTED. Therefore, Plaintiff’s claims as to all Defendants are DISMISSED WITH PREJUDICE. IT IS SO ORDERED, this 28th day of February, 2017. /s/ Susan O. Hickey Susan O. Hickey United States District Judge 1 The Summons for Defendant Cunningham was returned unexecuted on February 26, 2015, indicating that Defendant Cunningham was no longer employed with Garland County. ECF No. 13. The Summons was subsequently sent to Defendant Cunningham’s last known address via certified mail but was returned as undeliverable. ECF No. 13.

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