McPherson v. Timberlan et al

Filing 20

ORDER ADOPTING 19 Report and Recommendations as modified. Defendant's 15 Motion to Dismiss is granted. McPherson's complaint is dismissed without prejudice for failure to state a claim. His 17 Motion for an injunction is denied as moot. This dismissal is a strike. Signed by Judge D. P. Marshall Jr. on 10/29/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

JAMIE A. McPHERSON
ADC #115330

v.

PLAINTIFF

No. 3:13-cv-82-DPM-JJV

JUSTIN KIMBLE,1 Officer, Poinsett County
Detention Center; BARBA DEXTER, Jailer,
Poinsett County Detention Center; KIM
MUSE, Accountant, Poinsett County Detention
Center; BECKY HITT, Poinsett County Detention
Center; and RON MARTIN, Poinsett County
Detention Center

DEFENDANTS

ORDER
The Court has considered Magistrate Judge Joe J. Volpe's proposed
disposition, N!l 19.2 McPherson has not objected. Recommendation adopted
as modified.

FED.

R. CIV. P. 72(b)(3) (1983 addition to Advisory Committee

Notes). Defendants' motion to dismiss, NQ 15, is granted. McPherson's

McPherson sued Justin Timberlan. Defendants state Justin
Timberlan has been improperly identified and the correct Defendant
is Justin Kimble. N!l 15 at 1.
1

The Court received the parties' consent to a Magistrate Judge's
handling the case to judgment after Judge Volpe filed the proposed
findings and recommendations.
2

complaint is dismissed without prejudice for failure to state a claim. His
motion for an injunction, N2 17, is denied as moot. This dismissal is a strike.
28 U.S.C. § 1915(g).
So Ordered.
P.
v
D.P. Marshall Jr.
United States District Judge

J.._'1

-2-

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