McKinney v. Conger et al

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS 18 , and granting 16 Motion to Dismiss filed by defendants Barry Ayers, Captain Conger, Frank Atkinson, and case is dismissed for failure to prosecute and comply with the Court's orders. **Civil Case Terminated. Signed by Honorable Robert T. Dawson on October 16, 2008. (sh)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION BRANDON RAY MCKINNEY v. No. 08-2003 PLAINTIFF CAPTAIN CONGER, Sebastian County Detention Center, SHERIFF FRANK ATKINSON, and BARRY AYERS ORDER DEFENDANTS Now on this 16th day of October 2008, there comes on for consideration the report and recommendation filed herein on September 26, 2008, by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. (Doc. 18). The parties have not filed any objections to the report and recommendation. The court has reviewed this case and, being well and sufficiently advised, finds as follows: The report and recommendation is proper and should be and hereby is adopted in its entirety. Accordingly, Defendants' motion to dismiss (Doc. 16) is GRANTED, and Plaintiff's Complaint is DISMISSED for failure to prosecute this action and comply with the Court's orders. See Fed. R. Civ. P. 41(b). IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

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