Barbee v. Stuckey

Filing 27

ORDER ADOPTING 26 Report and Recommendations in toto; Denying as moot 24 Motion to Dismiss for Lack of Prosecution. Plaintiff's case is DISMISSED WITHOUT PREJUDICE. Signed by Honorable Susan O. Hickey on July 12, 2017. (mjm)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION SYLVESTER O. BARBEE v. PLAINTIFF Case No. 6:15-cv-6106 SGT. STUCKEY DEFENDANT ORDER Before the Court is a Report and Recommendation filed June 22, 2017, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 26. Judge Bryant recommends that Plaintiff’s Complaint be dismissed without prejudice for failure to prosecute this case pursuant to Federal Rule of Civil Procedure 41(b), Local Rule 5.5(c)(2), and the Court’s Order to Show Cause. ECF No. 23. 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). Upon review, the Court adopts the Report and Recommendation in toto. Accordingly, Plaintiff’s case is DISMISSED WITHOUT PREJUDICE. 1 IT IS SO ORDERED, this 12th day of July, 2017. /s/ Susan O. Hickey Susan O. Hickey United States District Judge 1 On January 11, 2017, Defendant filed a Motion to Dismiss for Lack of Prosecution. ECF No. 24. As a result of the Court’s Order, the Court finds that Defendant’s motion should be and hereby is DENIED AS MOOT.

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