Halfacre v. Bostick et al

Filing 31

PROPOSED FINDINGS AND RECOMMENDED DISPOSITION recommending that 30 Plaintiff's Motion for Voluntary Dismissal be granted, and that this case be dismissed, without prejudice. Objections to R&R due by 6/17/2009. Signed by Magistrate Judge J. Thomas Ray on 6/3/09. (hph)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION KENNY HALFACRE ADC #84410 V. FLOY P. BOSTICK, Circuit Clerk, Chicot County; and ANNETTE BRANCH, Circuit Clerk, Jefferson County 5:08CV00284 SWW/JTR PLAINTIFF DEFENDANTS PROPOSED FINDINGS AND RECOMMENDED DISPOSITION INS T RUCT IONS The following recommended disposition has been sent to United States District Judge Susan Webber Wright. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original and one copy of your objections must be received in the office of the United States District Clerk no later than eleven (11) days from the date of the findings and recommendations. The copy will be furnished to the opposing party. objections may result in waiver of the right to appeal questions of fact. If you are objecting to the recommendation and also desire to submit new, different, or additional evidence, and to have a hearing for this purpose before the United States District Judge, you must, at the same time that you file your written objections, include a "Statement of Necessity" that sets forth the following: Failure to file timely 1. 2. Why the record made before the Magistrate Judge is inadequate. Why the evidence to be proffered at the requested hearing before the United States District Judge was not offered at the hearing before the Magistrate Judge. An offer of proof setting forth the details of any testimony or other evidence (including copies of any documents) desired to be introduced at the requested hearing before the United States District Judge. 3. From this submission, the United States District Judge will determine the necessity for an additional evidentiary hearing, either before the Magistrate Judge or before the District Judge. Mail your objections and "Statement of Necessity" to: Clerk, United States District Court Eastern District of Arkansas 600 West Capitol Avenue, Suite A149 Little Rock, AR 72201-3325 I. Discussion Plaintiff, who is currently confined in the Varner Unit of the Arkansas Department of Correction, has filed a Motion seeking the Court's permission to voluntarily dismiss this pro se 1983 action. See docket entry #30. Importantly, Defendants have orally informed the Court that they have no objection to Plaintiff's request. Thus, voluntary dismissal is proper pursuant to Fed. R. Civ. P. 41(a)(1). II. Conclusion IT IS THEREFORE RECOMMENDED THAT: 1. Plaintiff's Motion for Voluntary Dismissal (docket entry #30) be GRANTED, and that this case be DISMISSED, WITHOUT PREJUDICE. -2- 2. The Court CERTIFY, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from any Order and Judgment adopting this Recommended Disposition would not be taken in good faith. Dated this 3rd day of June, 2009. UNITED STATES MAGISTRATE JUDGE -3-

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