Allen v. Winters et al

Filing 34

ORDER ADOPTING 31 Partial Report and Recommendations granting 23 Motion for Relief filed by David Wyne Allen and vacating the September 8, 2008 Order of Dismissal and Judgment. Signed by Judge Brian S. Miller on 4/27/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION DAVID WYNE ALLEN ADC #140483 V. JAY WINTERS, Sheriff, Pope County, et al. ORDE R The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge J. Thomas Ray. After carefully considering these documents and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and Recommended Partial 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. GR ANTED; 2. The September 8, 2008 Order of Dismissal and Judgment (docket entries #6 and #7) Plaintiff's Rule 60(b) Motion for Relief from Judgment (docket entry #23) is 4:08CV00521 BSM/JTR DEFENDANTS

PLAINTIFF

are VACATED. Dated this 27th day of April, 2009.

UNITED STATES DISTRICT JUDGE