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)

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.