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)

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