Brice v. Kelly

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 9 Report and Recommendations, granting 7 Motion to Dismiss/Lack of Jurisdiction filed by Wendy Kelly. Signed by Honorable Susan O. Hickey on August 2, 2017. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION CHARLIE BRICE V. PLAINTIFF CASE NO. 1:16-CV-01094 WENDY KELLY, Director, Arkansas Department of Correction DEFENDANT ORDER Before the Court is the Report and Recommendation filed June 23, 2017, by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. ECF No. 9. Judge Marschewski recommends that Defendant’s Motion to Dismiss (ECF No. 7) be granted and that this matter be dismissed for lack of jurisdiction. The parties have not filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). Upon review, the Court adopts Judge Marschewski’s Report and Recommendation in toto. Accordingly, Defendant’s Motion to Dismiss (ECF No. 7) is hereby GRANTED and this matter is DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED, this 2nd day of August, 2017. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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