Dockery v. Miller County Sheriff's Department et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS re 31 Report and recommendations; adopting Report and Recommendations re 11 Report and Recommendations; denying as moot 25 Motion for Summary Judgment; denying as moot 26 Motion to Review; granting [1 9] Motion to Dismiss Party Officer Talley; Case is dismissed in its entirety. The Court notes that Plaintiff attempted to include, in her objections, a notice of appeal. The Court directs Plaintiff that any intended notice of appeal will need to be re-filed as a separate pleading setting forth the specific order being appealed after entry of this final order. Signed by Honorable P. K. Holmes, III on October 19, 2011. (cap)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
Case No. 4:10-CV-04070
MILLER COUNTY SHERIFF’S DEPARTMENT ET AL
On this 19th day of October, 2011, there comes on for consideration the Supplemental Report
and Recommendations (Doc. 31) filed in this case on September 12, 2011, by the Honorable Erin
L. Setser, United States Magistrate for the Western District of Arkansas. Also before the Court are
Plaintiff’s Objections (Doc. 32) to the Report and Recommendations.1
The court has reviewed this case and, being well and sufficiently advised, finds as follows:
Plaintiff’s objections consist largely of baseless allegations, allegations that have already been argued
and addressed, and what seems to be a veiled threat directed towards the Court. The Magistrate
Judge’s Report and Recommendations is well-reasoned and thorough. Plaintiff’s objections offer
neither law nor fact requiring departure from the Report and Recommendations. For the above-stated
reasons, the Court finds that the Supplemental Report and Recommendations is proper and should
be and hereby is ADOPTED IN ITS ENTIRETY.
Also before the Court is a Report and Recommendations (Doc. 11), which had been
previously filed in this case on March 14, 2011 by the Honorable James R. Marschewski, United
States Magistrate for the Western District of Arkansas, as well as Plaintiff’s Objections (Doc. 14).
The Court notes that Plaintiff attempted to include, in her objections, a notice of appeal.
The Court directs Plaintiff that any intended notice of appeal will need to be re-filed as a separate
pleading setting forth the specific order being appealed after entry of this final order.
The Court has likewise reviewed this earlier Report and Recommendations and Plaintiff’s objections
and, being well and sufficiently advised, finds that the Report and Recommendations is proper and
should be and hereby is likewise ADOPTED to the extent that it resolves any issues not covered by
the Supplemental Report and Recommendations.
Accordingly, for the reasons stated herein and in the Magistrate Judges’ Reports and
Recommendations, Plaintiff’s Complaint (Doc. 1) and Supplement to the Complaint (Doc. 17),
including all aspects of the Supplement to her Amended Motion to Amend (Doc. 15), are
DISMISSED in their entirety for failure to state a claim upon which relief can be granted. This
matter is, therefore, DISMISSED IN ITS ENTIRETY.
IT IS FURTHER ORDERED that Defendant Talley’s Motion to Dismiss (Doc. 19) is
GRANTED in its entirety.
IT IS FURTHER ORDERED that any and all other pending motions in this case are
DENIED AS MOOT. To the extent that Plaintiff attempts to raise any new motions in her
Objections (Doc. 32) to the Supplemental Report and Recommendations, those motions are likewise
IT IS SO ORDERED this 19th day of October, 2011.
/s/P. K. Holmes, III
P.K. HOLMES, III
UNITED STATES DISTRICT JUDGE
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