Rush v. State Arkansas DWS

Filing 19

ORDER ADOPTING 14 REPORT AND RECOMMENDATIONS in its entirety; granting 10 Motion to Dismiss for Lack of Jurisdiction and to Dismiss for Failure to State a Claim.; denying 13 Motion to Appoint Counsel. Signed by Honorable P. K. Holmes, III on January 24, 2017. (rw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
EMMA RUSH
v.

PLAINTIFF
No. 2:16-CV-02255

STATE ARKANSAS DWS

DEFENDANT
ORDER

The Court has received a report and recommendations (Doc. 14) from United States
Magistrate Judge Mark E. Ford. The Magistrate recommends that the Court grant Defendant’s
motion (Doc. 10) to dismiss for lack of jurisdiction and for failure to state a claim or exhaust
administrative remedies. The Magistrate further recommends that Plaintiff’s motion (Doc. 13) to
appoint counsel be denied.

Plaintiff has filed objections (Doc. 18) to the report and

recommendations.
Upon due consideration, the Court finds that the Magistrate’s report (Doc. 14) contains no
clear error, and that it should be, and hereby is, ADOPTED IN ITS ENTIRETY.
IT IS THEREFORE ORDERED that Defendant’s motion to dismiss (Doc. 10) is
GRANTED and this case is DISMISSED WITH PREJUDICE.
Judgment will be entered accordingly.
IT IS FURTHER ORDERED that Plaintiff’s motion to appoint counsel (Doc. 13) is
DENIED.
IT IS SO ORDERED this 24th day of January, 2017.

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