Antonelli v. Marquez et al
ORDER declining to accept the 78 REPORT AND RECOMMENDATIONS and referring the case back to the Magistrate Judge so that he may review a motion to continue filed the same day as the Report and Recommendations. Signed by Judge James M. Moody on 2/3/10. (bkp)
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION MICHAEL ANTONELLI V. 2:08-cv-00003-JJM/JJV PLAINTIFF
MARTHA DEPOORTER, Correctional Counselor, Federal Correctional Complex, Forrest City, Arkansas; and BILLY PHILLIPS, Counselor, Federal Correctional Complex, Forrest City, Arkansas ORDE R
The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. However, plaintiff filed a Motion to Continue on January 25, 2010, the same day that the Magistrate Judge recommended dismissal of plaintiff's case for failure to prosecute. Based upon this Motion to Continue, the Court declines to adopt the Proposed Findings and Recommended Disposition and refers the case back to the federal magistrate so that he may have the benefit of reviewing such motion. DATED this 3 day of February , 2010.
_____________________________________ JAMES M. MOODY UNITED STATES DISTRICT JUDGE
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