Smith v. Ferguson et al

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS and dismissing plaintiff's complaint without prejudice re 3 Report and Recommendations filed by Steven James Smith. Signed by Honorable Jimm Larry Hendren on November 12, 2010. (tg)

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Smith v. Ferguson et al Doc. 5 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION STEVEN JAMES SMITH v. Civil No. 10-5206 DEFENDANTS PLAINTIFF SHERIFF KEITH FERGUSON, et al. ORDER NOW on this 12th day of November 2010, comes on for consideration the Report and Recommendation of the Magistrate Judge (Doc. 3), and Plaintiff's objection thereto (Doc. 4). The Court has reviewed the Report and Recommendation and, being well and sufficiently advised, finds that it is sound in all respects, and that Plaintiff has stated neither law nor fact to refute the Recommendation. IT IS THEREFORE ORDERED that Plaintiff's objection to the Magistrate Judge's Report and Recommendation (Doc. 4) is hereby overruled; IT IS FURTHER ORDERED that the Magistrate Judge's Report and Recommendation (Doc. 3) is hereby adopted in toto; IT IS FURTHER ORDERED that, for the reasons stated in the Magistrate Judge's Report and Recommendation, Plaintiff's motion to proceed in forma pauperis (Doc. 2) is denied and plaintiff's complaint is hereby dismissed without prejudice. IT IS SO ORDERED. /s/ Jimm Larry Hendren HON. JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

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