v. Harrison Arkansas, City Of et al

Filing 110

ORDER ADOPTING REPORT AND RECOMMENDATIONS 109 . Therefore plaintiff's complaint is dismissed without prejudice as set forth. Signed by Honorable Jimm Larry Hendren on May 2, 2011. (sh)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
TERRY GALE PLUNK
v.

PLAINTIFF
Civil No. 09-3039

CITY OF HARRISON, et al.

DEFENDANTS
O R D E R

NOW on this 2nd day of May, 2011, comes on for consideration
the Report and Recommendation of the Magistrate Judge (Doc. 109),
to which no objections have been filed.

The Court, being well and

sufficiently advised, finds that the Report and Recommendation is
sound in all respects and should be adopted in toto.
IT IS THEREFORE ORDERED that the Report and Recommendation of
the Magistrate Judge (Doc. 109) is hereby adopted in toto.
IT IS FURTHER ORDERED that, for the reasons stated in the
Report and Recommendation of the Magistrate Judge (Doc. 109),
plaintiff’s Motion to Dismiss (Doc. 100) is hereby Granted and,
therefore,

plaintiff’s

complaint

is

hereby

Dismissed

Without

Prejudice.
IT IS FURTHER ORDERED that, should plaintiff re-file his
complaint in this matter, that defendants Harris, Jenkins, Lovass,
Hickman, Pemberton, Smith, Bright, Hollis and McCullough may make
a request for fees and costs associated with this action.
IT IS SO ORDERED.
/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE