Kirby v. Crawford County Detention Center et al

Filing 24

REPORT AND RECOMMENDATIONS re 23 MOTION to Dismiss filed by James Edward Kirby. Objections to R&R due by 9/21/2009. Signed by Honorable James R. Marschewski on September 2, 2009. (rw)

IN THE UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF ARKANSAS F O R T SMITH DIVISION

J A M E S EDWARD KIRBY v. C iv il No. 08-2063

PLAINTIFF

DEPUTY WATERDOWN; D E P U T Y ISREAL BURGOS; SHERIFF M IK E ALLEN; and JAIL ADMINISTRATOR J E F F MARVIN

DEFENDANTS

R E P O R T AND RECOMMENDATION OF THE MAGISTRATE JUDGE P la in tiff, James Edward Kirby (hereinafter Kirby), filed this civil rights action pursuant to the provisions of 42 U.S.C. § 1983. He proceeds pro se and in forma pauperis. O n August 10, 2009, Kirby filed a motion to dismiss (Doc. 23). In the motion, Kirby s ta te s he does not wish to go forward with this case. Defendants have orally advised the court th e y have no objection to the motion. A c c o rd in gly, I recommend that the motion (Doc. 23) be granted and this case be d is m is s e d with prejudice. T h e parties have ten days from receipt of the report and recommendation in which to file written objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file timely o b je c tio n s may result in waiver of the right to appeal questions of fact. The parties are r e m in d e d that objections must be both timely and specific to trigger de novo review by the d is tr ic t court. DATED this 2nd day of September 2009.
/s /

J. Marschewski

HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE -1 -

AO72A (Rev. 8/82)