Delamar v. Trubitt
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 4 Order Adopting Report and Recommendations, 5 MOTION for Reconsideration; Denying 5 Motion for Reconsideratoin filed by James Delamar. Signed by Honorable Jimm Larry Hendren on August 31, 2010. (dmc)
Delamar v. Trubitt
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION JAMES DELAMAR PLAINTIFF
Civil No. 09-6056 DEFENDANTS
BRAIN TRUBITT, ATTORNEY, ET AL. ORDER NOW on this 31st day of August for 2010,
for this and
consideration Court's Order
Magistrate The Court,
Recommendation (document #5).
having reviewed the
record in this matter and being well and sufficiently advised, finds as follows: 1. On July 16, 2009, the Magistrate Judge entered his Report
and Recommendation in this matter in which he held that, although Plaintiff would qualify by economic status to proceed in forma pauperis in this case, his claims should be dismissed because they fail to state a claim. Thus, the Magistrate Judge recommended that Plaintiff's complaint be dismissed with prejudice. 2. Plaintiff did not file any objections to the Report and
Recommendation. 3. On August 6, 2009, the Court entered an Order adopting
the Magistrate Judge's Report and Recommendation in toto and dismissing Plaintiff's complaint with prejudice.
On August 31, 2009, Plaintiff filed a document that has as a "Motion for Reconsideration" in which he
reasserts several of the allegations made in his original complaint and argues that he has "displayed how these three defendant have violated my constitutional rights and laws of the land. * * * All portions of this complaint is true and factual it states a claim upon which relief may be granted" etc. 5. (document #5).
The Court finds that Plaintiff has failed to state
sufficient grounds for the Court to reconsider its decision to adopt the Magistrate Judge's Report and Recommendation and to dismiss Plaintiff's complaint with prejudice. IT IS THEREFORE ORDERED that Plaintiff's Motion for
Reconsideration (document #5) is DENIED. IT IS SO ORDERED.
/s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE
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