Snell v. Oglesby

Filing 58

ORDER adopting Report and Recommendations re 57 Report and Recommendations; granting in part and denying in part 52 Motion to Dismiss; Snell's claims against Oglesby in his individual capacity are dismissed with prejudice; his remaining clai ms as to the John Doe Deputy Marshals are transferred to the District of Eastern Texas. Certified copy of transfer order and docket sheet sent. (Transfer held for appeal time to run); further, denying as moot 32 Motion to Dismiss. Signed by Honorable D. P. Marshall, Jr on September 23, 2011. (cap)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION MICHAEL R. SNELL v. PLAINTIFF Case No. 4:10-cv-4095-DPM MIKE OGLESBY and JOHN DOES, Deputy Marshals DEFENDANTS ORDER The Court has considered Magistrate Judge Beth Deere's Partial Recommended Disposition, Document No. 57. No one has objected. Having reviewed the proposal for clear errors of fact on the face of the record, FED. R. ClV. P. 72(b) (advisory committee notes to 1983 addition), and for legal error, the Court adopts the proposal as its own. Oglesby's motion to dismiss, Document No. 52, is granted in part and denied in part. Snell's claims against Oglesby in his individual capacity are dismissed with prejudice. His remaining claims against the John Doe Deputy Marshals, however, are transferred to the United States District Court for the Eastern District of Texas, Texarkana Division, where the other portion of Snell's case is pending. In re Nine Mile Limited, 673 F.2d 242, 243 (8th Cir. 1982). Oglesby's earlier motion to dismiss, Document No. 32, is denied as moot. So Ordered. D.P. Marshall Jr. United States District Judge 23 September 2011 -2­

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