Gilbert v. Hartline et al

Filing 43

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 39 Report and Recommendations; granting 35 Motion to Dismiss Case and Plaintiff's claims are dismissed with prejudice in their entirety. Further, dismissing as moot 29 Motion for Judgment on th e Pleadings; dismissing as moot 32 Motion to Extend; dismissing as moot 40 Motion to Dismiss Case ; dismissing as moot 42 Motion to Compel; dismissing as moot 19 Motion to Dismiss Party ; dismissing as moot 22 Motion for Judgment on the Pleadings; dismissing as moot 26 Motion for Summary Judgment. Signed by Honorable P. K. Holmes, III on October 19, 2011. (cap)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
BRANDON M. GILBERT
v.

PLAINTIFF
Case No. 4:10-CV-04183

CAPTAIN HARTLINE, Miller County Detention
Center (MCDC); CPL. PEARCY, MCDC; SGT.
BAYLESS, MCDC; SGT. GILES, MCDC;
OFFICER HANNING, MCDC; SHERIFF RON
STOVALL; WARDEN GARY TURNER, MCDC;
KIM VALLANCOURT, Correctional Healthcare
Management, Inc. (CHM); NURSE BROWN, CHM;
and DETECTIVE WESLEY PENNEY, Texarkana
Arkansas Police Department

DEFENDANTS

ORDER
Currently before the Court is the Report and Recommendations (Doc. 39) filed in this case
on September 23, 2011, by the Honorable Erin L. Setser, United States Magistrate for the Western
District of Arkansas. More than fourteen (14) days have passed without objections being filed by
the parties.
The Court has reviewed this case and, being well and sufficiently advised, finds as follows:
the Report and Recommendation is proper and should be and hereby is ADOPTED IN ITS
ENTIRETY.

Accordingly, for the reasons stated in the Magistrate Judge’s Report and

Recommendations, Defendants’ Motion to Dismiss (Doc. 35) is GRANTED, and Plaintiff’s claims
are DISMISSED WITH PREJUDICE, in their entirety, for failure to comply with an order of the
Court and for failure to prosecute this action. See Fed. R. Civ. P. 41(b).
IT IS FURTHER ORDERED that any and all motions which remain pending are
DISMISSED AS MOOT.

IT IS SO ORDERED this 19th day of October, 2011.

/s/P. K. Holmes, III
P.K. HOLMES, III
UNITED STATES DISTRICT JUDGE