Waller v. Turner et al

Filing 47

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 46 Report and Recommendations, granting 44 Motion to Dismiss Case filed by Kenneth L Waller and Plaintiff's Complaint is dismissed without prejudice. Signed by Honorable Paul K. Holmes, III on May 3, 2011. (cap)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION KENNETH L. WALLER PLAINTIFF v. Case No. 4:10-CV-04059 WARDEN G. TURNER; SGT. MILLER; OFFICER WILLIE NASH; OFFICER HERRO; NURSE K WILLIAMS; and SHERIFF STOVAL DEFENDANTS O R D E R On this 3rd day of May 2011, there comes on for consideration the Report and Recommendation (Doc. 46) filed in this case on April 4, 2011, by the Honorable James R. Marschewski, United States Magistrate for the Western District of Arkansas. Fourteen (14) days have passed without objections being filed by the parties. The court sufficiently has reviewed advised, finds this as case and, follows: being the well Report and and Recommendation is proper and should be and hereby is ADOPTED IN ITS ENTIRETY. Judge’s Accordingly, for the reasons stated in the Magistrate Report and Recommendation, Plaintiff’s Complaint is DISMISSED WITHOUT PREJUDICE. Plaintiff’s Motion to Amend Complaint (Doc. 39) and Motion to Serve (Doc. 40), to the extent they are still pending, are DENIED AS MOOT. IT IS SO ORDERED this 3rd day of May 2011. /s/ Paul K. Holmes III Paul K. Holmes III United States District Judge

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