Osborne v. Ansley et al

Filing 25

REPORT AND RECOMMENDATIONS re 21 MOTION to Dismiss filed by Elbert Osborne, Jr.. Objections to R&R due by 1/12/2009. Signed by Honorable Barry A. Bryant on December 22, 2008. (dmc)

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IN THE UNITED STATES DISTRICT COURT WE S T E R N DISTRICT OF ARKANSAS H O T SPRINGS DIVISION E LB E R T OSBORNE, JR. v. C iv il No. 6:08-cv-06032 PLAINTIFF SGT. ANSLEY, Garland County D eten tio n Center; LT. McMURRIAN, Garland C o u n ty Detention Center; et al. D E FE N D A N T S R E P O R T AND RECOMMENDATION OF THE MAGISTRATE JUDGE P lain tiff, Elbert Osborne, Jr., filed this civil rights action pursuant to the provisions of 42 U.S.C. 1983 on March 27, 2008. He proceeds pro se and in forma pauperis. Pursuant to the provisions of 28 U.S.C. 636(b)(1) and (3)(2007), the Honorable Robert T. Dawson, United States District Judge, referred this case to the undersigned for the purpose of making a report and recommendation. O n November 4, 2008, the Plaintiff filed a motion to dismiss (Doc. 21) this case. He indicates h e no longer wants to proceed with the case because of his circumstances. I therefore recommend that the motion be granted and this case be dismissed without prejudice. The parties have ten days from receipt of the report and recommendation in which to file written objections pursuant to 28 U.S.C. 636(b)(1). The failure to file timely objections may result in waiver of the right to appeal questions of fact. The parties are reminded that objections must be both timely and specific to trigger de novo review by the district court. D A T E D this 22nd day of December 2008. /s/ Barry A. Bryant BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE

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