Smith v. Hobbs et al

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 and dismissing the 2 Complaint filed by Waimonushun Smith without prejudice. Signed by Judge D. P. Marshall Jr. on 7/25/13. (kpr)

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THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION WAIMONUSHUN SMITH ADC #111026 v. PLAINTIFF No. 5:13-cv-200-DPM-HDY RAY HOBBS, Director, ADC; RAYMOND NAYLOR, Disciplinary Hearing Admin., ADC; GRANT HARRIS, Deputy Director, ADC; TERRIE BANISTER, Disciplinary Hearing Officer, ADC; MARK CASHION, Warden, Randall L. Williams Correctional Facility, ADC; and C. AKINS, Lt., Randall L. Williams Correctional Facility, ADC DEFENDANTS ORDER Smith objects to Magistrate Judge Young’s Proposed Findings and Recommendations. ¹ 4 & 5. On de novo review, the Court adopts the proposal. FED. R. CIV. P. 72(b) (Advisory Committee Notes to 1983 Addition). One additional point prompted by Smith’s objection: the opportunity to refile this § 1983 case later, rather than the requested stay, is the more efficient way to proceed, taking account of Smith’s brand new habeas petition, in these Heck-bar circumstances. Smith’s complaint is dismissed without prejudice. 28 U.S.C. § 1915(g). So Ordered. ________________________ D.P. Marshall Jr. United States District Judge 25 July 2013 -2-

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