Pearcy v. Dunn et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 13 Motion to Dismiss filed by Kevin Ray Pearcy, 14 Report and Recommendations; Accordingly, 13 Plaintiff's Motion to Dismiss is granted in part and denied in part. Plaintiffs motion is granted to the extent that this case is DISMISSED WITHOUT PREJUDICE. The motion is denied as to Plaintiffs request that no funds be deducted from his account. Signed by Honorable Robert T. Dawson on June 21, 2010. (dmc)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION

KEVIN RAY PEARCY

PLAINTIFF

v.

Case No.: 09-6108

SGT. R.J. DUNN, et al. ORDER On this 21st day of June 2010, there

DEFENDANTS

comes

on

for

consideration the report and recommendation filed in this case on June 1, 2010, by the Honorable Barry A. Bryant, United States Magistrate for the Western District of Arkansas. (Doc. 14). No

objections to the report and recommendation were filed. The court has reviewed finds this as case and, being The well and and

sufficiently

advised,

follows:

report

recommendation is proper and should be and hereby is adopted in its entirety. Accordingly, Plaintiff's Motion to Dismiss (doc. Plaintiff's motion is is DISMISSED WITHOUT

13) is GRANTED IN PART AND DENIED IN PART. granted to the extent that this case

PREJUDICE. The motion is denied as to Plaintiff's request that no funds be deducted from his account. Plaintiff's Motion for Leave

to Proceed IFP was granted, and service was directed on the defendants. Defendants answered Plaintiff's Complaint, and

Plaintiff is liable for the filing fee pursuant to the provisions of the Prison Litigation Reform Act.

AO72A (Rev. 8/82)

IT IS SO ORDERED this 21st day of June 2010.

/s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

AO72A (Rev. 8/82)