Sims v. Carlton

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 15 Report and Recommendations, granting 13 Motion to Dismiss filed by Bobby Carlton. Signed by Honorable Harry F. Barnes on June 26, 2009. (cap)

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

BRYANT SIMS

PLAINTIFF

V.

CASE NO. 08-CV-4094

BOBBY CARLTON, Sheriff, Nevada County, Arkansas

DEFENDANT

ORDER Before the Court is the Report and Recommendation filed June 8, 2009, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. 15). Judge Bryant recommends that Defendant's Motion to Dismiss be granted (Doc. 13) and that this case be dismissed based on Plaintiff's failure to obey the orders of this Court, his failure to prosecute this action, and his failure to keep the Court and opposing counsel informed of his current address. See Fed. R. Civ. P. 41(b); Rule 5.5 of the Local Rules of the Eastern and Western District of Arkansas. 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. Defendant's Motion to Dismiss is GRANTED. IT IS SO ORDERED, this 26th day of June, 2009.

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