Barnett v. Sims et al

Filing 7

ORDER adopting Report and Recommendations in its entirety; and denying 1 Motion to perpetuate testimony and Closing this miscellaneous action. Should Plaintiff desire to bring an action pursuant to 1983 he may follow the appropriate procedures for so doing. Signed by Honorable Robert T. Dawson on November 16, 2009. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION MATTHEW W. BARNETT V. RACHEL J. SIMS; SHERIFF FRANK ATKINSON; and GAYLA JACKSON ORDER On this 16th day of November 2009, there comes on for consideration the report and recommendation filed in this case on November 9, 2009, by the Honorable James R. Marschewski, United States Magistrate for the Western District of Arkansas. (Doc. 4). Also before the Court are Plaintiff's objections Civil No. 09MC42 PLAINTIFF DEFENDANTS (Doc. 6) to the report and recommendation. The court has reviewed this case de novo 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, Plaintiff's motion to perpetuate testimony under Rule 27 and/or to submit interrogatories prior to an action being filed is DENIED, and this miscellaneous action is CLOSED. Should Plaintiff desire to bring an action pursuant to 1983 he may follow the appropriate procedures for so doing. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

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