Erwin v. Trout et al

Filing 28

ORDER adopting 26 Proposed Findings and Partial Recommended Disposition in their entirety as this Court's findings in all respects. Defendant Sue Simpson's motion to dismiss for failure to state a claim, 17 is granted. Defendant Sue Simpson is dismissed without prejudice under Rule 12(b)(6) due to Plaintiff's failure to state an actionable claim against her. Signed by Judge James M. Moody Jr. on 10/26/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
DAVID DOYLE ERWIN,
v.

PLAINTIFF
3:15CV00110-JM-JJV

GREG TROUT,
Paragould Police Department; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After
careful consideration, the Court concludes that the Proposed Findings and Partial Recommended
Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings
in all respects.
IT IS, THEREFORE, ORDERED that:
1.

Defendant Sue Simpson’s Motion to Dismiss for Failure to State a Claim (Doc. No.

17) is GRANTED.
2.

Defendant Sue Simpson is DISMISSED without prejudice under Rule 12(b)(6) due

to Plaintiff’s failure to state an actionable claim against her.
DATED this 26th day of October, 2015.

_______________________________________
JAMES M. MOODY, JR.
UNITED STATES DISTRICT JUDGE

1