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)

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