White v. Spells et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
BUDDY LYNN WHITE
PLAINTIFF
v. 	Case No. 6:22-cv-06037
SERGEANT SPELL, Ouachita River
Correctional Unit (“ORCU”) of the
Arkansas Division of Correction;
SUPERINTENDENT BYERS, ORCU;
and MS. VICKY RAWELINS, Inmate
Grievance Coordinator, ORCU 	DEFENDANTS
ORDER
Before the Court is the Report and Recommendation filed March 31, 2025, by the
Honorable Mark E. Ford, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 101). Judge Ford recommends that a default judgment be entered in favor of Plaintiff
against Separate Defendant Sergeant Spell, in his individual capacity, for compensatory damages
in the amount of $10,000.00, for punitive damages in the amount of $10,000.00, and for
Plaintiff’s court costs due for this case.1 (ECF No. 101, at 5).
No party has responded and the time to do so has passed. 	See 28 U.S.C. § 636(b)(1).
Upon review, finding no clear error on the face of the record and that Judge Ford’s reasoning is
sound, the Court adopts the Report and Recommendation (ECF No. 101) in toto. Accordingly,
the Court finds that Plaintiff’s Motion for Default Judgment (ECF No. 95) should be and hereby
is GRANTED.2 	Default judgement is entered in favor of Plaintiff against Separate Defendant
1The Court notes that on January 23, 2025, Judge Ford held a hearing on the Motion for Entry of Default. (ECF No.
100).
2The Court—as did the Report and Recommendation—construes the pending Motion for Entry of Default (ECF No.
95) as a Motion for Default Judgment because Entry of Default has already been entered in this case against
Separate Defendant Sergeant Spell. (ECF No. 46; ECF No. 51; ECF No. 52).
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2
Sergeant Spell, in his 	individual capacity, for compensatory damages in the amount of
$10,000.00, for punitive damages in the amount of $10,000.00, and for Plaintiff’s costs
associated with this case.
IT IS SO ORDERED, this 12th day of May, 2025.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
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