1:05-cv-01100 | W.D. Ark. | Aug 20, 2007

Case 1:05-cv-01100-HFB Document 29 Filed 08/20/07 Page 1 of 1 PageID #: 131

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION JERRY RAY SCOTT PLAINTIFF VS. CASE NO. 05-CV-1100 SHERIFF BUTCH BELIN; and BRADLEY COUNTY, ARKANSAS DEFENDANTS

ORDER Before the Court is the Report and Recommendation filed on August 2, 2007, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. No. 28). Judge Bryant recommends that the Motion for Summary Judgment filed on behalf of the Defendants, Sheriff Butch Belin and Bradley County, Arkansas, should be granted in part and denied in part. Ten (10) days have passed without objections being filed by the parties. The Court adopts in toto the magistrate judge’s findings and recommendations.

Accordingly, the Court finds that the Defendants’ Motion for Summary Judgment should be and hereby is granted in part and denied in part. Plaintiff’s claim that a policy or custom of Bradley County was the moving force behind his prolonged detention prior to his first appearance remains before the Court. Plaintiff’s request for actual and punitive damages is hereby dismissed. th

IT IS SO ORDERED, this 20 day of August, 2007. /s/Harry F. Barnes Hon. Harry F. Barnes United States District Judge