Smith v. Arkansas Board of Election Commissioners et al

Filing 50

ORDER approving and adopting the 49 Recommended Disposition as this Court's findings in all respects; granting defendants' 25 and 32 motions to dismiss for lack of jurisdiction; dismissing with prejudice Plaintiff's complaint against all of the Defendants; and denying as moot all other pending motions 36 , 38 , 40 , 43 , 44 , and 45 . Signed by Judge James M. Moody Jr. on 4/5/2016. (ljb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION FRED SMITH V. PLAINTIFF CASE NO. 4:15-CV-00521 JM/BD ARKANSAS BOARD OF ELECTION COMMISSIONERS, et al. DEFENDANTS ORDER The Court has received the Recommended Disposition (“Recommendation”) filed by Magistrate Judge Beth Deere. Mr. Smith has not filed any objections. After careful review of the Recommendation, the Court concludes that the Recommendation should be, and hereby is, approved and adopted as this Court’s findings in all respects. Defendants Mark Martin, Arkansas Board of Election Commissioners, and Mike Beebe’s motions to dismiss for lack of jurisdiction (#25, #32) are GRANTED, Plaintiffs’ complaint against all of the Defendants is DISMISSED with prejudice, under Federal Rule of Civil Procedure 12(b)(1) for lack of jurisdiction; and all other pending motions (#36, #38, #40, #43, #44, #45) are DENIED as moot. IT IS SO ORDERED this 5th day of April, 2016. _______________________________ UNITED STATES DISTRICT JUDGE

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