Adams et al v. United States Department of Agriculture et al

Filing 57

ORDER granting 45 Motion for Summary Judgment and plaintiff's case is dismissed with prejudice; denying 51 as MOOT plaintiffs Motion for mediation and denying 52 motion for appointment of counsel, and adopts 56 Report and Recommendations in its entirety. Signed by Honorable P. K. Holmes, III on September 16, 2013. (sh) Modified on 9/16/2013 (sh).

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION DALE B. ADAMS v. PLAINTIFF Case No. 3:10-CV-03120 UNITED STATES DEPARTMENT OF AGRICULTURE; and THOMAS L. VILSACK, United States Secretary of Agriculture DEFENDANTS ORDER The Court has received proposed findings and recommendations (Doc. 56) from Chief United States Magistrate Judge James R. Marschewski. There have been no objections. After careful review, the Court concludes that the findings and recommendations should be, and hereby are, approved and adopted as this Court’s findings in all respects in their entirety. Accordingly, IT IS ORDERED that Defendants’ supplemental motion (Doc. 45) for summary judgment is GRANTED, and Plaintiff’s Complaint is DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that Plaintiff’s motion (Doc. 52) for appointment of counsel and alternative motion to dismiss are DENIED. IT IS FURTHER ORDERED that Plaintiff’s motion (Doc. 51) for mediation is DENIED AS MOOT. Judgment will be entered accordingly. IT IS SO ORDERED this 16th day of September, 2013. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE -1-

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