Fitzgerald v. Busby et al

Filing 158

ORDER ADOPTING 135 REPORT AND RECOMMENDATIONS of Magistrate Judge Joe J. Volpe as the Court's decision on Plaintiff's complaint. Fitzgerald's second amended complaint (& all addenda, & all prior complaints & addenda to the extent not superseded) are dismissed with prejudice. The Court also denies as moot 144 Plaintiff's MOTION for jury trial & 156 Plaintiff's MOTION to Amend. Signed by Judge D. P. Marshall Jr. on 3/10/2011. (jct)

Fitzgerald v. Busby et al

Doc. 158

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
NATHANIEL L. FITZGERALD
ADC #84210

PLAINTIFF

v.

Case No. 3:09-cv-154-DPM

TERESA BONNER; DAVID BOYKEN;
JOHN DEXTER; SUPERVISOR BEASLEY;
DR. SCHRADER; JANE DOE; and
NURSE MANDY CHILDRESS

DEFENDANTS

ORDER
The Court has reviewed this matter de novo because Fitzgerald filed objections, Document Nos. 139-40 & 152, to Magistrate Judge Volpe's Proposed Findings and Recommendations, Document No. 135. In that de novo review, FED. R. Cry. P. 72(b)(3), the Court listened to the approximately three-hour hearing, studied the exhibits, and considered Fitzgerald's arguments. The Court adopts Magistrate Judge Volpe's proposal as the Court's decision on Fitzgerald's complaint. Fitzgerald's second amended complaint (and all addenda, and all prior complaints and addenda to the extent not superseded), Document Nos. 2, 8,

11-13, are dismissed with prejudice. The Court also denies the motion for
jury trial and the motion to amend, Document Nos. 144 & 156, as moot.

Dockets.Justia.com

So Ordered.

-2