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)

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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

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