Jacoby v. Howard et al

Filing 5

ORDER ADOPTING IN PART AND NOT ADOPTING IN PART REPORT AND RECOMMENDATIONS for 3 Report and Recommendations. Plaintiff's complaint dismissed without prejudice. Signed by Honorable Jimm Larry Hendren on October 26, 2010. (jas)

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Jacoby v. Howard et al Doc. 5 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION MICHAEL AARON JACOBY v. DR. HOWARD, NURSE RHONDA BAILEY and SHERIFF TIM HELDER ORDER Now on this 26th day of October, 2010, Civil No. 09-5258 PLAINTIFF DEFENDANTS comes on for consideration the Magistrate Judge's Report and Recommendation (Doc. 3), in this matter, to which no objections have been made. The Court, having carefully reviewed said Report and Recommendation, finds that it is sound in all respects, except that the Court declines to dismiss the plaintiff's complaint with prejudice. IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation is adopted in part, and not adopted in part. IT IS FURTHER ORDERED that, for the reasons stated in the Magistrate Judge's Report and Recommendation, Plaintiff's complaint is hereby DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED. /s/Jimm Larry Hendren HON. JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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