Barnett v. Atkinson, et al

Filing 16

ORDER adopting Report and Recommendations in its entirety. Accordingly. Plaintiff's property claim is DISMISSED WITH PREJUDICE as Plaintiff may pursue post-deprivation remedy in state court, and Separate Defendants Lieutenant Gayla Jackson and R achel J. Sims are DISMISSED as Defendants in this matter. Plaintiff's claim that he was denied access to the Courts will proceed against the remaining defendant, Sheriff Frank Atkinson. Signed by Honorable Robert T. Dawson on March 10, 2010. (lw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION MATTHEW W. BARNETT v. Case No. 09-2158 DEFENDANTS ORDER Now on this 10th day of March 2010, there comes on for consideration the report and recommendation filed herein on PLAINTIFF

SHERIFF FRANK ATKINSON, et al.

February 12, 2010, by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. (doc. 9). 12-15). The court has reviewed this case de novo and, being well and sufficiently advised, finds as follows: The report and Also before the Court are Plaintiff's objections (docs.

recommendation is proper and should be and hereby is adopted in its entirety. Accordingly, Plaintiff's property claim is DISMISSED

WITH PREJUDICE as Plaintiff may pursue a post-deprivation remedy in state court, and Separate Defendants Rachel Sims and Lieutenant Gayla Jackson are DISMISSED as Defendants in this matter.

Plaintiff's claim that he was denied access to the Courts will proceed against the remaining defendant, Sheriff Frank Atkinson. IT IS SO ORDERED.

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

AO72A (Rev. 8/82)