Nye v. Ferguson et al

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS and dismissing case without prejudice re 15 Motion to Dismiss Case filed by Hunter Petray, Keith Ferguson filed by Hunter Petray, Keith Ferguson. Signed by Honorable Jimm Larry Hendren on December 9, 2008. (tg)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION LESTER H. NYE v. Civil No. 08-5118 DEFENDANTS ORDER NOW on this 9th day of December 2008, comes on for PLAINTIFF SHERIFF KEITH FERGUSON AND CAPTAIN HUNTER PETRAY consideration the Report and Recommendation of the Magistrate Judge (document #17), filed on October 29, 2008, and the Court, being well and sufficiently advised that there has been no objection thereto, finds that the Report and Recommendation should be, and it hereby is, adopted in toto. IT IS THEREFORE ORDERED that, for the reasons set forth therein, the Report and Recommendation of the Magistrate Judge is adopted in toto. Accordingly, Defendants' Motion to Dismiss (document #15) is granted and Plaintiff's complaint is dismissed in its entirety without prejudice. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

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