Thomas v. United States of America

Filing 12

JUDGMENT ADOPTING 10 REPORT AND RECOMMENDATIONS; further granting 6 Motion to Dismiss and plaintitff's claims are dismissed without prejudice. Signed by Honorable Harry F. Barnes on October 6, 2011. (rw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION KATIE THOMAS vs. PLAINTIFF CASE NO: 11-CV-04027 UNITED STATES OF AMERICA DEFENDANT JUDGMENT Before the Court is the Report and Recommendation filed September 19, 2011 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 10). Judge Bryant recommends that the Defendant’s Motion to Dismiss (ECF No. 6) be granted. After reviewing the record de novo, the Court adopts Judge Bryant’s Report and Recommendation as its own. The Court agrees with Judge Bryant’s finding that Plaintiff Katie Thomas, wife of the deceased, may not proceed with this wrongful death action due to the fact that Marilyn Ratcliff, offspring of the deceased, is not a party to the current lawsuit as is required by Arkansas Code Annotated § 16-62-102. While Plaintiff claims that Marilyn Ratcliff has effectively “waived” her interest in the action, § 16-62-102 does not provide for such a waiver. The Court overrules Plaintiff’s objections and adopts Judge Bryant’s Report and Recommendation (ECF No. 10). For the reasons stated herein and above, as well as those contained in the Report and Recommendation (ECF No. 10), Defendant’s Motion to Dismiss (ECF No. 6) is GRANTED, and Plaintiff’s claims are DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED, this 6th day of October, 2011. /s/ Harry F. Barnes Hon. Harry F. Barnes United States District Judge

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