Dunn v. Harris et al

Filing 7

REPORT AND RECOMMENDATIONS recommending 6 MOTION to Dismiss Case filed by Thomas Dunn be granted and that the case be dismissed without prejudice. Objections to R&R due by 1/23/2009. Signed by Honorable Barry A. Bryant on January 5, 2009. (cap)

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

THOMAS DUNN v. Civil No. 4:08-cv-04115

PLAINTIFF

SAM RANDALL HARRIS, Agent, Federal Bureau of Investigation; ALLEN J. WINCHELL; and SHERRY WINCHELL

D E F E ND A N T S

REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE The Plaintiff, Thomas Dunn, filed this civil rights action on December 1, 2008. He proceeds pro se and in forma pauperis. Pursuant to the provisions of 28 U.S.C. § 636(b)(1) and (3)(2007), the Honorable Harry F. Barnes, United States District Judge, referred this case to the undersigned for the purpose of making a report and recommendation. On December 8, 2008, Plaintiff filed a motion to dismiss the case (Doc. 6). In his motion, Plaintiff indicates he is being transferred to federal prison in California and does not currently desire to pro ceed with this case. He asks that the case be dismissed without prejudice. I recommend that the motion to dismiss (Doc. 6) be granted and the case be dismissed without preju dice. Mr. Dunn has ten days from receipt of the report and recommendation in which to file w r itten objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file timely objections may result in waiver of the right to appeal questions of fact. The Mr. Dunn is reminded that objections mu st be both timely and specific to trigger de novo review by the district court. DATED this 5th day of January 2009. /s/ Barry A. Bryant HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE