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)

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

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