Mitchell v. Neff et al

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 21 Report and Recommendations, and Plaintiff's claims against separate defendant Carolyn Ballard are dismissed without prejudice. Carolyn Ballard terminated. Signed by Honorable Jimm Larry Hendren on June 14, 2010. (cap)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION SHRODDRIC DURELL MITCHELL v. Civil No. 09-4071 PLAINTIFF

CHARLES NEFF, Administrator, Miller County Detention Center; MAJOR GARY TURNER, Miller County Detention Center; and FORMER SGT. CAROLYN BALLARD ORDER Now on this 14th day of June, 2010,

DEFENDANTS

comes

on

for

consideration the Report And Recommendation Of The Magistrate Judge (document #21), and Separate Plaintiff [sic] Answer To Report And Recommendation of The Magistrate Judge (document #22). The Magistrate Judge reports that all efforts to locate defendant Carolyn Ballard have failed, and recommends that

plaintiff's claims against her be dismissed. Plaintiff responds that Ballard is a witness in his case, and agrees that his claims against her should be dismissed. IT IS THEREFORE ORDERED that the Report And Recommendation Of The Magistrate Judge is adopted in toto. IT IS FURTHER ORDERED that, for the reasons stated in the Report And Recommendation Of The Magistrate Judge, plaintiff's claims against separate defendant Carolyn Ballard are dismissed without prejudice. IT IS FURTHER ORDERED that this matter is remanded to the

Magistrate Judge for further proceedings. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

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