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)

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)