Smith v. Deloney et al

Filing 44

ORDER ADOPTING 41 Report and Recommendations, and granting 24 Motion for Judgment on the Pleadings filed by Michael Deloney, Cindy Courington, dismissing case without prejudice and denying all pending motions as moot. Signed by Judge James M. Moody on 10/3/08. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION TOMMY D. SMITH ADC #100108 V. MICHAEL DELONEY, et al ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition received from Magistrate Judge Jerry Cavaneau and the objections filed in response, and has further reviewed the relevant record de novo. The Findings and Recommendations are adopted in their entirety as this Court's findings. Accordingly, Defendants' motion for judgment on the pleadings (or, in the alternative, motion for summary judgment) (doc. 24) is granted and Plaintiff's case is dismissed, without prejudice, in its entirety. All pending motions are denied as moot The evidentiary hearing set for November 25, 2008, in Pine Bluff (see doc. 28) is cancelled. IT IS SO ORDERED this 3rd day of October, 2008. NO. 5:08cv00080 JMM DEFENDANTS PLAINTIFF

__________________________________ UNITED STATES DISTRICT JUDGE