Adams v. Rivera et al

Filing 27

ORDER ADOPTING 26 REPORT AND RECOMMENDATIONS and its entirety and plaintiff's claims are dismissed without prejudice; further defendant Toby Shearer's 14 Motion to Dismiss is denied as moot. Signed by Honorable P. K. Holmes, III on January 25, 2012. (rw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION DALE B. ADAMS v. PLAINTIFF Case No. 3:11-CV-03021 JESSE RIVERA; and TOBY SHEARER DEFENDANTS ORDER Currently before the Court is the Amended Report and Recommendations (Doc. 26) filed in this case on December 1, 2011, by the Honorable James R. Marschewski, Chief United States Magistrate for the Western District of Arkansas. More than fourteen (14) days have passed without objections being filed by the parties. The Report and Recommendations notes that Plaintiff has requested that this case be dismissed without prejudice. (Doc. 25). Defendants have filed no objections to this request. The Court has reviewed this case 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, Plaintiff’s claims are DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). Defendant Toby Shearer’s Motion to Dismiss (Doc. 14) is DENIED AS MOOT. IT IS SO ORDERED this 25th day of January, 2012. /s/P. K. Holmes, III P.K. HOLMES, III UNITED STATES DISTRICT JUDGE

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