Payne v. Kelley et al, No. 4:2020cv00900 - Document 5 (E.D. Ark. 2021)

Court Description: ORDER adopting 4 Proposed Findings and Recommendations; granting 3 motion to voluntarily dismiss; and dismissing Plaintiff's claims without prejudice. Signed by Judge Kristine G. Baker on 1/28/2021. (jbh)

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Payne v. Kelley et al Doc. 5 THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION BOBBY PAYNE, ADC #550988 v. PLAINTIFF Case No. 4:20-cv-00900-KGB WENDY KELLEY, SECRETARY OF THE ARKANSAS DEPARTMENT OF CORRECTIONS, et al. DEFENDANTS ORDER Before the Court are the Proposed Findings and Recommendations submitted by United States Magistrate Judge Jerome T. Kearney on August 19, 2020 (Dkt. No. 4). Judge Kearney recommends that plaintiff Bobby Payne’s motion to voluntarily dismiss this case be granted. No objections have been filed to the Proposed Findings and Recommendations, and the deadline for filing objections has since passed. See 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b)(2). Accordingly, the Court adopts the Proposed Findings and Recommendations in their entirety as this Court’s findings of fact and conclusions of law (Dkt. No. 4). The Court grants Mr. Payne’s motion to voluntarily dismiss this case (Dkt. No. 3) and dismisses, without prejudice, Mr. Payne’s claims. It is so ordered this 28th day of January, 2021. _________________________________ Kristine G. Baker United States District Judge Dockets.Justia.com

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