Scharnhorst v. Cantrell et al

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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
JOHN WILLIAM SCHARNHORST, III 	PLAINTIFF
V. 	CASE NO. 5:22-CV-5238
CHIEF DEPUTY JAY CANTRELL;
CORPORAL CAUDLE;
CORPORAL DOMINICK NUNZIATO;
DEPUTY FRYE; DEPUTY BECK;
DEPUTY DRUMRIGHT; DEPUTY BILBREY;
and DEPUTY MARTINEZ 	DEFENDANTS
ORDER
Now pending before the Court is the Report and Recommendation (Doc. 85) filed
on March 12, 2025, by the Honorable Christy Comstock, United States Magistrate Judge
for the Western District of Arkansas. More than 14 days have passed, and no party has
filed objections to the Report and Recommendation.
IT 	IS 	THEREFORE 	ORDERED 	that 	the 	Report 	and 	Recommendation 	is
ADOPTED IN FULL. Accordingly, Defendants’ Supplemental Motion for Summary
Judgment (Doc. 78) is GRANTED, and Plaintiff’s claim against Defendants Nunziato,
Martinez, Bilbrey, Beck, Drumright, and Fry for retaliating against him by using a mop to
spread urine and feces in his cell is DISMISSED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that the Clerk of Court update the spelling of
Defendant Fry’s name in the docket to reflect the correct spelling: Fry; and terminate Sam
Caudle as a defendant to this action.
Plaintiff’s claims against Defendants Fry, Beck, Nunziato, Drumright, Bilbrey, and
Martinez in their individual capacities for “using the issue of filth to harass and antagonize
[him] by forcing themselves into [his] cell with brooms and mops contaminated with urine
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and feces and spreading it all over [his] floor,” (Doc. 1, p. 12), remain pending and will go
forward.
IT IS SO ORDERED on this 1st day of April, 2025.
/s/ Timothy L. Brooks____________
TIMOTHY L. BROOKS
UNITED STATES DISTRICT JUDGE
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