Hurlbut v. Liggett et al

Filing 81

ORDER ADOPTING IN ITS ENTIRETY 73 Report and Recommendations. Further, GRANTING 43 Motion for Summary Judgment; DENYING 52 Motion for Summary Judgment. Plaintiff's Complaint against all Defendants should be and hereby is DISMISSED WITH PREJUDICE. Signed by Honorable Robert T. Dawson on September 10, 2019.(mjm)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
DANIEL BRYCE HURLBUT
V.

PLAINTIFF
CIVIL NO. 6:18-CV-6016

DR. CHARLES LIGGETT, et al.

DEFENDANTS
ORDER

The Court has received a Report and Recommendation (ECF No. 73) from United States
Magistrate Judge Mark E. Ford. Plaintiff proceeds in this 42 U.S.C. §1983 action pro se and in
forma pauperis. Currently before the Court is Defendants’ Motion for Summary Judgment (ECF
No. 43). Upon review, the Magistrate recommended that Defendants’ Motion for Summary
Judgment be granted, and Plaintiff’s Complaint against all Defendants be dismissed prejudice.
The Magistrate also recommended that Plaintiff’s Cross Motion for Summary Judgment (ECF
No. 52) be denied.

Plaintiff filed timely Objections (ECF No. 74) to the Report and

Recommendation. The matter is now ripe for consideration.
The Court has conducted a de novo review of those portions of the report and
recommendation to which Plaintiff has objected. 28 U.S.C. § 636(b)(1). Plaintiff’s objections
offer neither law nor fact requiring departure from the Magistrate’s findings. The report and
recommendation is proper, contains no clear error, and is ADOPTED IN ITS ENTIRETY.
IT IS THEREFORE ORDERED as follows:
1. Defendants’ Motion for Summary Judgment (ECF No. 43) should be and hereby is
GRANTED;
2. Plaintiff’s Cross Motion for Summary Judgment (ECF No. 52) should be and hereby

is DENIED; and
3. Plaintiff’s Complaint against all Defendants should be and hereby is DISMISSED
WITH PREJUDICE.
SO ORDERED this 10th day of September 2019.

/s/Robert T. Dawson

ROBERT T. DAWSON
SENIOR U.S. DISTRICT JUDGE