Setzke v. Norris et al

Filing 252

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 227 Report and Recommendations. Signed by Honorable Jimm Larry Hendren on May 28, 2009. (src)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION RAYMOND SETZKE v. No. 07-5186 DEFENDANTS PLAINTIFF LARRY NORRIS, Director, Arkansas Department of Correction, et al. ORDER Currently before the Court is a Report and Recommendation (Doc. 227) issued by Magistrate Judge James R. Marschewski, recommending granting plaintiff's Motion to Dismiss (Doc. 202) certain defendants in this action. that the dismissal be with Judge Marschewski recommended Plaintiff has filed prejudice. Objections (Doc. 239) to the Report and Recommendation, stating that he intended to voluntarily dismiss these defendants without prejudice. Defense counsel has advised that she has no objection to a dismissal without prejudice. Accordingly, the Report and Recommendation is adopted to the extent that plaintiff's Motion to Dismiss (Doc. 202) is hereby GRANTED and plaintiff's claims against the following defendants are DISMISSED WITHOUT PREJUDICE: Sheriff Keith Ferguson, Deputy Free, Lieutenant Carter, Deputy Jensen, and Captain Petray. IT IS SO ORDERED this 28th day of May, 2009. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

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