Rettstatt v. Stone et al

Filing 36

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 33 Report and Recommendations, and dismissing case for failure to prosecute and failure to comply with an order of this Court. Signed by Honorable Harry F. Barnes on August 11, 2009. (cap)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION

WILLIAM JOSEPH RETTSTATT

PLAINTIFF

V.

CASE NO. 08-CV-4034

ALVIN HOWARD, Transport Officer, Miller County Correctional Center, et al.

DEFENDANTS

ORDER Before the Court is the Report and Recommendation filed July 22, 2009, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. 33). Judge Bryant recommends that Plaintiff's claims be dismissed based on his failure to prosecute this action and failure to comply with an order of this Court. See Fed. R. Civ. P. 41(b). Plaintiff has not filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). Therefore, the Court adopts the Report and Recommendation in toto. Plaintiff's claims in this action are DISMISSED. IT IS SO ORDERED, this 11th day of August, 2009.

/s/ Harry F. Barnes Hon. Harry F. Barnes United States District Judge