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)

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)