Kennedy v. Bias et al

Filing 91

ORDER adopting 88 Recommended Disposition in its entirety; therefore, Defts' 43 Motion for Summary Judgment is GRANTED; Pltf's 90 Motion for Voluntary Dismissal is DENIED; Pltf's remaining claims are DISMISSED WITH PREJUDICE; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 1/5/09. (vjt)

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

CAZ KENNEDY, ADC #127322 V. JOHN BYUS, et al. ORDER Case No. 4:07-CV-00795 SWW-BD

PLAINTIFF

DEFENDANTS

The Court has received the Findings and Recommended Disposition from Magistrate Judge Beth Deere, recommending that summary judgment be entered in Defendants' favor. No objections have been filed. However, on December 22, 2008, Plaintiff filed a motion for voluntary dismissal (docket entry #90). After careful review, the Court concludes that the Recommended Disposition should be, and hereby is, approved and adopted as this Court's findings in all respects. For the reasons stated in the recommended disposition, Plaintiff has failed to create genuine issues for trial, Defendants' well-supported motion for summary judgment must be granted, and Plaintiff's motion for voluntary dismissal must be denied. See Kern v. TXO Production Corp., 738 F.2d 968, 970 (8th Cir. 1984)(noting that where a defendant has "already won its case" voluntary dismissal without prejudice is precluded). IT IS THEREFORE ORDERED that Defendants' motion for summary judgment

(docket entry #43) is GRANTED, and Plaintiff's motion for voluntary dismissal (docket entry #90) is DENIED. Pursuant to the judgment entered together with this order, Plaintiff's remaining claims are DISMISSED WITH PREJUDICE. IT IS SO ORDERED THIS 5TH DAY OF JANUARY, 2009. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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