Barnes v. Fort Smith Police Department et al

Filing 44

ORDER ADOPTING 42 REPORT AND RECOMMENDATIONS in its entirety; denying 41 Motion to rescind the assessment of the appellate filing fee. Signed by Honorable Robert T. Dawson on May 7, 2015. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
GUY CLAYTON BARNES

PLAINTIFF

v.

Case no. 12-2116

SERGEANT NAPHIER, Fort Smith Police
Department; CHIEF KEVIN D. LINDSEY;
and DETECTIVE ERIC FAIRLESS

DEFENDANTS

ORDER
Now

on

this

7th

day

of

May,

2015,

there

comes

on

for

consideration the report and recommendation (Doc. 42) filed by
the Honorable Mark E. Ford, United States Magistrate Judge for
the Western District of Arkansas, in regard to a motion for
dismissal of complaint to allow for refiling (Doc. 41) filed by
Plaintiff.

Also before the Court are Plaintiff’s objections

(Doc. 43).
The

Court

sufficiently

has

reviewed

advised,

finds

this
as

case

and,

follows:

being
The

well

report

and
and

recommendation is proper and should be and hereby is adopted in
its entirety.

Accordingly, Plaintiff’s post-appeal motion is

DENIED.
IT IS SO ORDERED.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge