Thomas v. Stovall et al

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 23 Report and Recommendations; granting 21 Motion to Dismiss and case is dismissed with prejudice. Signed by Honorable Susan O. Hickey on February 21, 2013. (cap)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION JONATHAN THOMAS vs. PLAINTIFF Civil No. 11-CV-4082 SHERIFF STOVALL; WARDEN BRAZEL; WARDEN CANNON; SGT. WELCH; and WESLEY PENNY DEFENDANTS ORDER Before the Court is the Report and Recommendation filed January 24, 2013, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 23). Judge Bryant recommends that Defendants’ Motion to Dismiss (ECF No. 21) be granted and the above-styled case be dismissed with prejudice on the grounds that Plaintiff has failed to comply with the Court’s orders and has failed to prosecute this action. See Fed. R. Civ. P. 41(b). Plaintiff has not filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1)(C). Therefore, the Court adopts the Report and Recommendation in toto. The Court finds that Defendant’s Motion to Dismiss (ECF No. 21) should be and hereby is GRANTED and the above-styled case is DISMISSED WITH PREJUDICE. IT IS SO ORDERED, this 21st day of February, 2013. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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