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)

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