Ivy v. Donahue

Filing 39

ORDER ADOPTING 35 REPORT AND RECOMMENDATIONS and dismissing case with prejudice. Signed by Honorable Jimm Larry Hendren on November 13, 2012. (tg)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
RICKY D. IVY, JR.

PLAINTIFF

v.

Civil No. 10-5258

MS. DONAHUE, Corporal,
Washington County Detention Center

DEFENDANT

O R D E R
Now

on

this

13th

day

of

November,

2012,

comes

on

for

consideration the Report and Recommendation of the Magistrate
Judge (document #35). The Court, being well and sufficiently
advised, finds and orders as follows:
1.

Magistrate Judge Erin L. Setser recommended that the

case be dismissed for plaintiff's failure to comply with the
Court's order compelling discovery responses and his failure to
respond to a show-cause order.
2.

On

November

9,

2012,

plaintiff

filed

Objections

(document #37), in which he reiterates the allegations in his
Complaint. The Objections fail to address any aspect of the Report
and Recommendation.
3.

The Court finds that the Report and Recommendation is

sound in all respects, and that plaintiff has stated neither law
nor fact to refute it.
IT IS THEREFORE ORDERED that the Report and Recommendation of
the Magistrate Judge (document #35) is hereby adopted in toto, and
plaintiff's Objections are overruled.

IT IS FURTHER ORDERED that, for the reasons stated in the
Report and Recommendation, this case is dismissed with prejudice
based on plaintiff's failure to obey the orders of the Court and
failure to prosecute this action.
IT IS SO ORDERED.

/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE

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