Stewart v. Starkey et al

Filing 41

ORDER adopting 40 Report and Recommendation in toto; Further, granting 39 Motion to Dismiss Case (CASE DISMISSED WITHOUT PREJUDICE). Signed by Honorable Susan O. Hickey on May 20, 2015. (hnc)

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

PHILLIP DEWAYNE STEWART

VS.

PLAINTIFF

CASE NO. 6:14-cv-6101

KEVIN STARKEY, et al.

DEFENDANT
ORDER

Before the Court is the Report and Recommendation filed April 23, 2015, by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 40.
Judge Bryant recommends that Plaintiff’s Motion to Dismiss be granted and that this case be
dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). No party has filed
objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. §
636(b)(1)(C). Upon review, the Court adopts the Report and Recommendation in toto. Accordingly,
Plaintiff’s Motion to Dismiss (ECF No. 39) is GRANTED and this case is DISMISSED WITHOUT
PREJUDICE.
IT IS SO ORDERED, this 20th day of May, 2015.

/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge