Going v. Cupp et al
ORDER ADOPTING 7 REPORT AND RECOMMENDATIONS, as set forth. Signed by Honorable P. K. Holmes, III on May 10, 2012. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
SHAWN ROBERT GOING
Case No. 2:12-CV-02035
LT. VENA CUPP; JEFF MARVIN; SHERIFF
RON BROWN; JACOB MCCOLLUM;
MATTHEW LANGLEY; CPL. ISAREL BURGOS;
RICHARD SMITH, Inmate; DAKOTA CARLILE;
DILLION TRAIT; and JAMES LONG
Currently before the Court is the Report and Recommendation (Doc. 7) filed in this case on
March 15, 2012, by the Honorable James R. Marschewski, Chief United States Magistrate 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
Accordingly, for the reasons stated in the Magistrate Judge’s Report and
Recommendation, Plaintiff’s claims against Separate Defendants Richard Smith, Dakota Carlile,
Dillion Trait, and James Long are DISMISSED WITH PREJUDICE on the grounds that the
claims are frivolous and fail to state claims upon which relief may be granted. Plaintiff’s claims
based on the remaining Defendants’ failure to file criminal charges against those four inmates are
likewise DISMISSED for failure to state a claim. This matter remains pending as to the
adjudication of Plaintiff’s remaining claims against the remaining Defendants.
IT IS SO ORDERED this 10th day of May, 2012.
/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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