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)

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