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


PER CURIAM OPINION FILED - THE COURT: Kermit E. Bye, Raymond W. Gruender and Bobby E. Shepherd (UNPUBLISHED) [4144821] [13-1586]

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Court for the Western District of Arkansas - Texarkana ____________ Submitted: April 11, 2014 Filed: April 17, 2014 [Unpublished] ____________ Before BYE, GRUENDER, and SHEPHERD, Circuit Judges.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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?