Elder v. Fitzhugh et al

Filing 5

ORDER denying motions 3 Motion for Leave to Proceed in forma pauperis and denying Motion for Service. Report and Recommendations re 4 are adopted in toto and Plaintiff's complaint is dismissed WITH prejudice. Signed by Honorable P. K. Holmes, III on February 21, 2012. (sh)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION VIRGINIA A. ELDER v. PLAINTIFF Case No. 2:11-CV-02244 MICHAEL FITZHUGH; STEPHEN TABOR; and JOHN MAUZY PITTMAN DEFENDANTS ORDER Currently before the Court is the Report and Recommendation (Doc. 4) filed in this case on January 19, 2012, by the Honorable James R. Marschewski, Chief United States Magistrate Judge for the Western District of Arkansas. More than fourteen (14) days have passed without objections being filed by the parties. The Court has reviewed this case 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, for the reasons stated in the Magistrate Judge’s Report and Recommendations, Plaintiff’s Motion to proceed in forma pauperis (Doc. 2) is DENIED and Plaintiff’s Complaint is DISMISSED WITH PREJUDICE. IT IS SO ORDERED this 21st day of February, 2012. /s/P. K. Holmes, III P.K. HOLMES, III UNITED STATES DISTRICT JUDGE

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