James Thompson, Jr. v. Ron Stovall, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Kermit E. Bye, Raymond W. Gruender and Bobby E. Shepherd (UNPUBLISHED) [4144821] [13-1586]

United States Court of Appeals
For the Eighth Circuit
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No. 13-1586
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James Ray Thompson, Jr.
lllllllllllllllllllll Plaintiff - Appellant
v.
Sheriff Ron Stovall; Sgt. Alice Miller, also known as Ms. Miller
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the Western District of Arkansas - Texarkana
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Submitted: April 11, 2014
Filed: April 17, 2014
[Unpublished]
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Before BYE, GRUENDER, and SHEPHERD, Circuit Judges.
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PER CURIAM.

Appellate Case: 13-1586

Page: 1

Date Filed: 04/17/2014 Entry ID: 4144821

James Ray Thompson, Jr. appeals the district court’s1 dismissal of his 42
U.S.C. § 1983 action following an evidentiary hearing. For reversal, he argues that
the court erred by dismissing his suit as a sanction for failing to file objections to the
magistrate judge’s report, and he contends that he did not receive the report in time
to file objections. Thompson misunderstands the basis for the dismissal of this case.
The district court dismissed the case on the merits after adopting the findings and
analysis in the magistrate judge’s report—not to punish Thompson for failing to file
objections. Further, Thompson does not demonstrate, and we cannot discern, that he
suffered prejudice by not filing timely objections. The judgment of the district court
is affirmed. See 8th Cir. R. 47B.
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1

The Honorable Susan O. Hickey, United States District Judge for the Western
District of Arkansas, adopting the report and recommendations of the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
-2-

Appellate Case: 13-1586

Page: 2

Date Filed: 04/17/2014 Entry ID: 4144821