Avery v. Garland County Sheriff's Department et al

Filing 55

ORDER ADOPTING 46 REPORT AND RECOMMENDATIONS; granting 36 Motion for Summary Judgment. Plaintiff's claims against Defendants Elrod, McCormick and Halverson are hereby DISMISSED WITH PREJUDICE. Signed by Honorable Susan O. Hickey on July 17, 2019. (hnc)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
JEREMY A. AVERY, SR.
v.

PLAINTIFF
Case No. 6:17-cv-06124

CHIEF DEPUTY STEVEN ELROD;
CAPTAIN RON HALVERSON; APN
EARNEST R. ENNIS; DR. KARL
WAGENHAUSER; SOUTHWEST
CORRECTIONAL MEDICAL GROUP, INC.;
and SHERIFF MIKE MCCORMICK

DEFENDANTS

ORDER
Before the Court is the Report and Recommendation filed June 27, 2019, by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No.
46). Judge Bryant recommends granting Defendants Elrod, McCormick, and Halverson’s Motion
for Summary Judgment. (ECF No. 36).
Plaintiff has not filed objections to the Report and Recommendation, and the time to object
has passed.

See 28 U.S.C. § 636(b)(1).

Recommendation (ECF No. 46) in toto.

Therefore, the Court adopts the Report and

Accordingly, Defendants Elrod, McCormick, and

Halverson’s Motion for Summary Judgment (ECF No. 36) is hereby GRANTED. Plaintiff’s
claims against Defendants Elrod, McCormick, and Halverson are hereby DISMISSED WITH
PREDJUDICE. 1
IT IS SO ORDERED, this 17th day of July, 2019.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
The remaining Defendants—Ennis, Wagenhauser, and Southwest Correctional Medical Group—were granted an
extension until July 15, 2019, to file their Motion for Summary Judgment. (ECF No. 45).
1