Vellon et al v. Brock et al

Filing 24

ORDER granting PARTIAL REPORT AND RECOMMENDATIONS 8 to dismiss plaintiff Jesse Fernandez and his claims against defendants. 2 Complaint filed by Jesse Antonio Fernandez, Edgar Martinez Vellon is dismissed. Granting 21 MOTION to Voluntary Dismiss filed by Edgar Martinez Vellon to dismiss voluntarily the remainder of his claims without prejudice. Signed by Judge Kristine G. Baker on 10/16/13. (kpr)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION EDGAR MARTINEZ VELLON, ADC #134175, et al. v. PLAINTIFFS Case No. 4:13-cv-00397-KGB-JTK AARON BROCK, et al. DEFENDANTS ORDER Before the Court are the Proposed Findings and Recommendations from United States Magistrate Judge Jerome T. Kearney (Dkt. No. 8) and plaintiff Edgar Martinez Vellon’s motion to voluntarily dismiss his claims against defendants (Doc. No. 21). Mr. Martinez Vellon filed timely objections to the Proposed Findings and Recommendations (Dkt. No. 10). After a review of the Proposed Findings and Recommendations, and the timely objections received thereto, as well as a de novo review of the record, the Court adopts the Proposed Findings and Recommendations in their entirety. Accordingly, it is ordered that plaintiff Jesse Fernandez be dismissed for failure to prosecute and that Mr. Martinez Vellon’s claim of confiscation of personal property by defendants be dismissed for failure to state a claim upon which relief may be granted. Further, Mr. Martinez Vellon’s motion to dismiss voluntarily the remainder of his claims against defendants, without prejudice, is granted. An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 16th day of October, 2013. __________________________________ KRISTINE G. BAKER UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?