Philpott v. Weaver et al
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
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
Now on this 21st day of March 2012, there comes on for
February 14, 2012, by the Honorable James R. Marschewski, United
States Magistrate Judge for the Western District of Arkansas.
Plaintiff was granted an extension of time to March 16,
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
recommendation is proper and should be and hereby is adopted in its
Accordingly, Defendants’ Motion for Summary Judgment
(doc. 26) is GRANTED, and Plaintiff’s Complaint is DISMISSED WITH
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
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