Evans v. Hardy et al

Filing 81

ORDER ADOPTING 77 Partial Report and Recommendations dismissing plaintiff's claims against Officer Moore without prejudice. Signed by Judge D. P. Marshall Jr. on 9/8/12. (kpr) Docket entry modified on 9/10/2012 to correct filing date. (kbc)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION MARCUS D. EVANS ADC#109369 v. PLAINTIFF No. 2:11-cv-235-DPM-JTR SHANTA HARDY; OFFICER MOORE; AVERY COX; BRIAN BARDEN; DAVID RICHARDSON; KENNETH CARLOCK; DERRICK MULLINS; SHIRELY MCDANIELS; FARON CLEMMONS; MOSES JACKSON, III; and JANICE GRAY, all Correctional Officers, East Arkansas Regional Unit, ADC, all sued in their individual and official capacities DEFENDANTS ORDER Evans has not objected to Magistrate Judge J. Thomas Ray's recommendation, Document No. 77, that his claims against Officer Moore be dismissed for failure to serve summons in the time allowed. Reviewing for legal error and clear factual error on the face of the record, FED. R. CIV. P. 72(b) (1983 addition to advisory committee notes), the Court adopts Judge Ray's recommendation in full. Evans's claims against Moore are dismissed without prejudice. So Ordered. 8 September 2012

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