Brown v. Atwell et al

Filing 30

ORDER ADOPTING 28 REPORT AND RECOMMENDATIONS in its entirety and granting 19 Motion to Dismiss filed by New Prime, Inc. Further Plaintiff's Compliant is dismissed with prejudice as this Court lacks jurisdiction and alternatively, the action is barred by the statute of limitations. Signed by Honorable Robert T. Dawson on April 5, 2013. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION BARBARA BROWN PLAINTIFF v. Case No. 12-2203 JOHN ATWELL and NEW PRIME, INC. DEFENDANTS ORDER Now on this 5th day of April 2013, there comes on for consideration the report and recommendation filed herein on March 22, 2013, by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. (Doc. 28). Also before the Court are Plaintiff’s objections to the report and recommendation. (Doc. 29). The court has reviewed this case de novo 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, Defendants’ Motion to Dismiss (doc. 19) is GRANTED, and Plaintiff’s Complaint is DISMISSED WITH PREJUDICE as this Court lacks jurisdiction and, alternatively, the action is barred by the statute of limitations. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

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