Morgan v. Phillips et al

Filing 26

ORDER ADOPTING 25 REPORT AND RECOMMENDATIONS; denying as moot 7 MOTION to Dismiss for Failure to State a Claim; denying as moot 9 MOTION to Strike, MOTION to Dismiss. Plaintiff's Amended Complaint 3 is DISMISSED WITHOUT PREJUDICE. Signed by Honorable Susan O. Hickey on February 7, 2024.(mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION DR. NINA M. MORGAN v. PLAINTIFF Case No. 4:23-cv-4063 DANA PHILLIPS, et al. DEFENDANTS ORDER Before the Court is the Report and Recommendation filed January 18, 2024, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 25. Judge Bryant recommends that Plaintiff’s amended complaint (ECF No. 3) be dismissed for failure to obey orders of the Court and failure to prosecute this case. 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, Plaintiff’s amended complaint (ECF No. 3) is DISMISSED WITHOUT PREJUDICE. Further, the pending Motions to Dismiss (ECF Nos. 7, 9) are DENIED AS MOOT. IT IS SO ORDERED, this 7th day of February, 2024. /s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge

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