Noble v. Delay et al

Filing 37

ORDER ADOPTING 32 REPORT AND RECOMMENDATIONS; granting 14 Motion to Dismiss Case. Further terminating as moot 25 Motion for Discovery; terminating as moot 26 Motion to Appoint Counsel ; terminating as moot 28 Motion to Stay; terminating as moot 33 Motion for Hearing; terminating as moot 36 Motion ; terminating as moot 36 Motion to Produce. Signed by Honorable P. K. Holmes, III on October 2, 2015. (hnc)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
LEONARD NOBLE
v.

PLAINTIFF
Case No. 2:14-CV-02164

GUNNER DELAY, Sebastian County Prosecuting Attorney;
and DANIEL SHUE, Sebastian County Deputy Prosecuting
Attorney

DEFENDANTS

ORDER
Currently before the Court are the findings and recommendations (Doc. 32) of the Honorable
Mark E. Ford, United States Magistrate for the Western District of Arkansas. Also before the Court
are Plaintiff Leonard Noble’s objections (Doc. 34) and supplement (Doc. 35). No response to the
objections was filed by Defendants. Noble has also filed a motion for hearing (Doc. 33) and a
“motion to acknowledge documents and resubmit motion for in camera review of documents” (Doc.
36). The Court has conducted a de novo review as to all specified proposed findings and
recommendations to which Plaintiff has raised objections. 28 U.S.C. § 636(b)(1)(c). Upon due
consideration, the Court finds that Plaintiff’s objections offer neither law nor fact requiring departure
from the Magistrate’s findings and recommendations and that the Magistrate’s report does not
otherwise contain any clear error.
The Magistrate’s report (Doc. 32) is therefore ADOPTED IN ITS ENTIRETY. Accordingly,
for the reasons set forth in the report, IT IS ORDERED that Defendants’ motion to dismiss (Doc.
14) is GRANTED, and this matter is DISMISSED WITH PREJUDICE.
All other pending motions are TERMINATED AS MOOT.
Judgment will be entered accordingly.
-1-

IT IS SO ORDERED this 2nd day of October, 2015.

/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE

-2-