Carney v. Helder

Filing 34

ORDER ADOPTING 33 REPORT AND RECOMMENDATIONS; ORDER denying as moot 27 Motion for Summary Judgment; granting 25 Motion to Dismiss. Signed by Honorable P. K. Holmes, III on January 28, 2015. (src)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION CODY L. CARNEY v. PLAINTIFF Case No. 5:14-CV-05061 SHERIFF TIM HELDER, Washington County Detention Center; NURSE RHONDA BRADLEY; and DR. NEIL MULLINS DEFENDANTS ORDER The Court has received proposed findings and recommendations (Doc. 33) from United States Magistrate Judge James R. Marschewski. There have been no objections. After careful review, the Court concludes that the findings and recommendations should be, and hereby are, approved and adopted as this Court’s findings in all respects. Accordingly, IT IS ORDERED that Defendants’ motion to dismiss (Doc. 25) is GRANTED, and Plaintiff’s Complaint is DISMISSED WITH PREJUDICE, pursuant to Federal Rule of Civil Procedure 41(b), for failure to comply with an order of the Court and failure to prosecute this action. Defendants’ motion for summary judgment (Doc. 27) is DENIED AS MOOT. Judgment will be entered accordingly. IT IS SO ORDERED this 28th day of January, 2015 /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE

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