Thomas v. Ferguson et al

Filing 37

ORDER adopting 35 Report and Recommendations. Plaintiff's claims are dismissed without prejudice. Signed by Honorable Jimm Larry Hendren on October 11, 2011. (adw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION JAMES PATRICK THOMAS v. PLAINTIFF Civil No. 09-5177 SHERIFF KEITH FERGUSON, et al. DEFENDANTS O R D E R Now on this 11th day of October, 2011, comes on for consideration the Magistrate Judge's Report And Recommendations ("R&R") (document #35). The Court has reviewed the R&R, and finds it sound in all respects. The R&R details the efforts of the Magistrate Judge to contact plaintiff, and plaintiff's failure to prosecute this action. Since the R&R was issued, the Clerk of Court has twice attempted to mail a copy of it to plaintiff, but mail was returned from both addresses. The R& R will, therefore, be adopted, and plaintiff's claims dismissed without prejudice for failure to prosecute and failure to follow a Court Order. IT IS THEREFORE ORDERED that the Magistrate Judge's Report And Recommendation (document #35) is adopted. IT IS FURTHER ORDERED that plaintiff's claims are dismissed without prejudice. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

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