Turpen v. Ritter et al

Filing 27

ORDER adopting the 13 Report and Recommendations in its entirety; further plaintiff's claims against separate defendant Jeramy Mimmis are dismissed with prejudice on the grounds that the claims are frivolous and fail to state claims upon which relief may be granted. Signed by Honorable P. K. Holmes, III on October 20, 2011. (rw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION RANDY LOYD TURPEN v. PLAINTIFF Case No. 2:11-CV-02133 SGT. RITTER; OFFICER COODY; JERAMY MIMMIS, Inmate; OFFICER PARTAIN; OFFICER STAMPS; OFFICER KREGGER; NURSE SARA; NURSE CARREN; NURSE LARRA; HOLLENBECK, Sheriff; CAPTAIN CONGER; OFFICER WAGNER DEFENDANTS ORDER Currently before the Court is the Report and Recommendations (Doc. 13) filed in this case on October 7, 2011, by the Honorable James R. Marschewski, United States Magistrate for the Western District of Arkansas. Also before the Court are Plaintiff’s Objections (Doc. 17) to the Report and Recommendations. The Court has reviewed this case and, being well and sufficiently advised, finds as follows: Plaintiff’s objections offer neither law nor fact requiring departure from the Report and Recommendation. In fact, Plaintiff states that he “does not object to the dismissal against inmate Jeramy Mimmis as he was an inmate and not acting under color of state law.” (Doc. 17, p. 1). The Court finds that the Report and Recommendation is proper and should be and hereby is ADOPTED IN ITS ENTIRETY. Accordingly, for the reasons stated herein and in the Magistrate Judge’s Report and Recommendations, Plaintiff’s claims against Separate Defendant Jeramy Mimmis are DISMISSED WITH PREJUDICE on the grounds that the claims are frivolous and fail to state claims upon which relief may be granted. IT IS SO ORDERED this 20th day of October, 2011. /s/P. K. Holmes, III P.K. HOLMES, III UNITED STATES DISTRICT JUDGE

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