Booth v. Smith et al

Filing 50

ORDER Adopting 47 Recommended Disposition. The Defendants' 29 motion to strike is denied; their 15 motion to dismiss is granted. Mr. Booth's claims are dismissed, without prejudice. Mr. Booth's 48 motion to lift the stay of discovery is denied. The Clerk is directed to close this case. Signed by Judge James M. Moody Jr. on 3/30/2017. (mcz)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DERRICK L. BOOTH, ADC #086775 V. PLAINTIFF CASE NO. 5:16-CV-00359 JM/BD P. SMITH, et al. DEFENDANTS ORDER The Court has received the Recommended Disposition (“Recommendation”) filed by Magistrate Judge Beth Deere. After a careful consideration of the Recommendation, Mr. Booth’s timely objections and a de novo review of the record, the Court concludes that the Recommendation should be, and hereby is, approved and adopted as this Court’s findings in all respects. The Defendants’ motion to strike (docket entry #29) is DENIED. Their motion to dismiss (#15) is GRANTED. Mr. Booth’s claims are DISMISSED, without prejudice. Mr. Booth’s motion to lift the stay of discovery (#48) is DENIED. The Clerk is directed to close this case. IT IS SO ORDERED, this 30th day of March 2017. _______________________________ UNITED STATES DISTRICT JUDGE

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