Baccam v. Hollenbeck

Filing 57

ORDER ADOPTING 56 REPORT AND RECOMMENDATIONS in their entirety. Signed by Honorable P. K. Holmes, III on September 13, 2013. (lw)

Download PDF
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION PHASUNG LU BACCAM v. PLAINTIFF Case No. 2:11-CV-02065 SHERIFF BILL HOLLENBECK; and DEPUTY MILLER DEFENDANTS ORDER The Court has received proposed findings and recommendations (Doc. 56) from Chief United States Magistrate Judge James R. Marschewski. There have been no objections. After careful review, the Court concludes that the findings and recommendations should be, and hereby are, approved and adopted as this Court’s findings in all respects in their entirety. Accordingly, IT IS ORDERED that Defendants’ motion to dismiss (Doc. 52) is GRANTED, and Plaintiff’s Complaint is DISMISSED WITH PREJUDICE, pursuant to Federal Rule of Civil Procedure 37(d), as a sanction for failure to appear at his properly noticed deposition. IT IS FURTHER ORDERED that Plaintiff’s motion (Doc. 54) for assistance is DENIED AS MOOT. No costs will be assessed, as the Court finds that an award of expenses would be unjust given Plaintiff’s in forma pauperis status. Judgment will be entered accordingly. IT IS SO ORDERED this 13th day of September, 2013. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?