Hayden v. Nevada County, AR et al

Filing 16

ORDER granting 5 Motion to Dismiss; Danny Rogers terminated.. Signed by Honorable Harry F. Barnes on March 6, 2009. (cap)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION DALE HAYDEN PLAINTIFF VS. CASE NO. 08-4050 NEVADA COUNTY, ARKANSAS, et al., ORDER DEFENDANTS Before the Court is separate Defendant Danny Rogers's Motion to Dismiss. (Doc. 5). Plaintiff Dale Hayden responded. (Doc. 7). Defendant Rogers replied. (Doc. 9). For reasons discussed in the Memorandum Opinion of even date, the Court finds that separate Defendant Danny Rogers's Motion to Dismiss is GRANTED. Plaintiff's Constitutional violation claims, brought pursuant to 42 U.S.C. section 1983, against Defendant Rogers in his individual and official capacity are dismissed with prejudice. Plaintiff's pendent state claims are dismissed without prejudice. IT IS SO ORDERED, this 6th day of March, 2009. /s/ Harry F. Barnes Hon. Harry F. Barnes United States District Judge

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