Murphy v. Hobbs et al

Filing 153

ORDER denying 151 Motion to Dismiss. It is time to decide this case on the merits. If Murphy has any objection to the Proposed Findings and Recommendations, 150 , it is due by 8 September 2014. Signed by Judge D. P. Marshall Jr. on 8/28/2014. (jak)

FILED

U.S. DISTRICT COURT
EASTER.'\ c:nRICT ARKANSAS

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS JAMES W. McffRM:!<, CLER!<
By:
c2"'- ~ c:.:;"' CLERK
NORTHERN DIVISION
LISA RYAN MURPHY
ADC #760343
v.

PLAINTIFF

No. 1:13-cv-00020-DPM

RAY HOBBS, Director, Arkansas Department
of Correction; JOHN MAPLES, Warden, Grimes
Unit, ADC; NURZUHAL FAUST, Warden,
Mcpherson Unit, ADC; LINDA DIXON, Major,
McPherson Unit, ADC; RICHARD GUY, Warden;
AUNDREA WEEKLY, Warden; VIRGINIA
ROBINS, Sergeant; MARVIN EVANS, Assistant
Director, ADC; and KRAMER JONES, Lieutenant

DEFENDANTS

ORDER
Murphy's motion to voluntarily dismiss all her claims, NQ 151, is denied.
FED. R. CIV. P. 41(a)(2). The Court has already granted a prior voluntary
dismissal of the case. NQ 39. And several factors counsel against another:
Defendant's ripe motion for summary judgment; no explanation on why a
second dismissal is needed; the potential prejudice to Defendants; and the
more than one-hundred and fifty filings to date. Paulucci v. City ofDuluth, 826
F.2d 780, 783 (8th Cir. 1987). It is time to decide this case on the merits. If
Murphy has any objection to the Proposed Findings and Recommendations,
NQ 150, it is due by 8 September 2014.

So Ordered.

D.P. Ma;shall Jr.?"
United States District Judge

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