Opinion
5:22-CV-5238
07-30-2024
JOHN WILLIAM SCHARNHORST, III PLAINTIFF v. CHIEF DEPUTY JAY CANTRELL; CORPORAL CAUDLE; CORPORAL DOMINICK NUNZIATO; DEPUTY FRYE; DEPUTY BECK; DEPUTY DRUMRIGHT; DEPUTY BILBREY; and DEPUTY MARTINEZ DEFENDANTS
ORDER
TIMOTHY L. BROOKS UNITED STATES DISTRICT JUDGE
Comes on for consideration the Report and Recommendation (“R&R”) (Doc. 74) filed in this case on July 11, 2024, by the Honorable Christy Comstock, United States Magistrate Judge for the Western District of Arkansas. No party filed objections to the R&R, and the time to file objections has now passed.
IT IS THEREFORE ORDERED that the R&R is ADOPTED IN ITS ENTIRETY and Defendants' Motion for Summary Judgment (Doc. 34) is GRANTED IN PART AND DENIED IN PART as follows: Plaintiff's individual capacity claims against Defendants Nunziato, Martinez, Bilbrey, Beck, Drumright, and Fry for allegedly spreading feces and urine in his cell is DENIED, but the Motion is otherwise GRANTED in all respects.
Defendants are further ORDERED to submit a supplemental motion for summary judgment as described in the R&R, and Plaintiff will be directed to respond.
IT IS SO ORDERED