Philpott v. Weaver et al

Filing 51

ORDER ADOPTING 47 REPORT AND RECOMMENDATIONS in its entirety and denying plaintiff's 39 Motion for Summary Judgment; further granting defendants' 26 Motion for Summary Judgment and plaintiff's complaint is dismissed with prejudice as to any federal claims. Signed by Honorable Robert T. Dawson on March 21, 2012. (rw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION ROBERT S. PHILPOTT PLAINTIFF v. Case No. 10-2061 LT. Plaintiff, Van Buren Police Department (VBPD); LT. BRENT GRILL, VBPD; DETECTIVE DICKERSON, VBPD; DETECTIVE EVERSOLE, VBPD; THE VAN BUREN POLICE DEPARTMENT; OFFICER RIGGS, VBPD and JOHN DOE OFFICERS 1-3 DEFENDANTS ORDER Now on this 21st day of March 2012, there comes on for consideration the report and recommendation filed herein on February 14, 2012, by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. (Doc. 47). 2012, to Plaintiff was granted an extension of time to March 16, file objections to the report and recommendation. Plaintiff filed his objections on March 12, 2012 (doc. 50), and the objection time has passed. Despite the fact that Plaintiff’s objections are non-specific and merely ask the Court to reconsider the Magistrate’s report and recommendation, the Court has conducted a de novo review. 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, Defendants’ Motion for Summary Judgment (doc. 26) is GRANTED, and Plaintiff’s Complaint is DISMISSED WITH AO72A (Rev. 8/82) PREJUDICE as to any federal claims. To the extent the Complaint can be read to assert any state law claims, the Court declines to exercise supplemental jurisdiction pursuant to 28 U.S.C. § 1367(c). Plaintiff’s Motion for Summary Judgment (doc. 39) is DENIED. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

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