Willis v. Sebastian County Sheriff Frank Atkinson et al

Filing 107

ORDER: ADOPTING REPORT AND RECOMMENDATIONS 100 , and denying 106 Motion for Miscellaneous Relief, re: request for copies of tapes from the evidentiary hearing held on June 15, 2009.Case association terminated, ***Civil Case Terminated. Motions terminated, and case DISMISSED WITH PREJUDICE. Bench trial currently scheduled for October 19, 2009 is canceled. Signed by Honorable Robert T. Dawson on September 9, 2009. (sh)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION CARL EDWARD WILLIS v. Case No. 06-2069 PLAINTIFF

FRANK ATKINSON, GUARD MOULDER, GUARD JACOB FINK, GUARD RESTINE, CPL. PAUL, CAPT. CONGER, LT. JACKSON, OFFICER REILLY, OFFICER DUTTON, CRYSTAL REED and ANITA BASS

DEFENDANTS

ORDER Now on this 9th day of September 2009, there comes on for consideration Plaintiff's motion seeking copies of the tapes from the evidentiary hearing held on June 15, 2009 (Doc. 106) and the report and recommendation filed in this case on July 2, 2009, by the Honorable James R. Marschewski, United States Magistrate for the Western District of Arkansas. (Doc. 100).

Plaintiff initially had until July 20, 2009 to file his objections to the report and recommendation. The Court granted

Plaintiff's motions for extensions of time to object to August 20, 2009 and again to September 4, 2009. In its order of August 26,

2009, the Court advised Plaintiff that no further extensions would be granted (Doc. 105). Plaintiff has failed to file timely written objections to the report and recommendation. was present at the evidentiary hearing to Further, Plaintiff hear all of the

testimony, and no transcript was requested or prepared.

The Court

is not obligated to provide Plaintiff with copies of the tapes from

AO72A (Rev. 8/82)

the hearing at which he was present. The court has reviewed finds this as case and, being The well and and

sufficiently

advised,

follows:

report

recommendation is proper and should be and hereby is adopted in its entirety. Plaintiff's Complaint is DISMISSED WITH PREJUDICE as the evidence is insufficient to support a finding on Plaintiff's remaining claims. Plaintiff's motion requesting copies of the

tapes from the hearing is DENIED, and the bench trial currently scheduled for October 19, 2009 is canceled. IT IS SO ORDERED.

/s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

AO72A (Rev. 8/82)