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)

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