Harris v. Brazell

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 25 ; granting 22 Motion to Dismiss; case dismissed without prejudice. Signed by Honorable Susan O. Hickey on January 14, 2016. (cnn)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION

KELVIN LORENZO HARRIS

v.

PLAINTIFF

Civil No. 4:14-CV-4141

SHERIFF RON STOVALL, et al.

DEFENDANTS
ORDER

Before the Court is the Report and Recommendation filed December 21, 2015, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
ECF No. 25. Judge Bryant recommends that Defendants’ Motion to Dismiss (ECF No. 22) be
granted and that Plaintiff’s complaint be dismissed without prejudice on the grounds that
Plaintiff has failed to comply with the Federal Rules of Civil Procedure and Local Rules, has
failed to comply with the Court’s Order, and has failed to prosecute this matter. See Fed. R. Civ.
P. 41(b); Local Rule 5.5(c)(2). No party has filed objections to the Report and Recommendation,
and the time to object has passed. See 28 U.S.C. § 636(b)(1). Upon review, the Court adopts the
Report and Recommendation in toto. Accordingly, Defendants’ Motion to Dismiss (ECF No.
22) is GRANTED, and Plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE.
Further, Defendants’ Motion to Extend Time to File Summary Judgment Motion (ECF No. 24) is
DENIED AS MOOT.

The summary judgment hearing set for February 3, 2016, is

CANCELLED.
IT IS SO ORDERED, this 14th day of January, 2016.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge