Robertson v. McDaniel et al

Filing 38

ORDER ADOPTING 35 Report and Recommendations in their entirety; therefore, defts' motion for summary judgment 26 is granted; pltf's First Amendment and federal due process claims are dismissed with prejudice; his claim for loss of personal property is dismissed without prejudice; pltf's 34 motion to amend is denied as moot. Signed by Judge D. P. Marshall Jr. on 3/21/13. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION PATRICK ROBERTSON, ADC # 94110 v. PLAINTIFF No. 5:12-cv-196-DPM-BD PHILLIP McDANIEL, originally sued as P McDaniel, and FRANCES JOHNSON, originally sued as Johnson DEFENDANTS ORDER The Court has reviewed Magistrate Judge Deere's Recommended Disposition, Document No. 35. No one has objected. Having reviewed the proposal for clear errors of fact on the face of the record, FED. R. CIV. P. 72(b)(Advisory Committee Notes to the 1983 Addition), and for legal error, the Court adopts the proposal in its entirety. The Defendants' motion for summary judgment, Document No. 26, is granted. Robertson's First Amendment and federal due process claims are dismissed with prejudice. His claim for loss of personal property is dismissed without prejudice. Robertson's motion to amend, Document No. 34, is denied as moot. So Ordered. D.P. Mars all Jr. United States District Judge -2-

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