Murphy v. Hobbs et al, No. 1:2013cv00020 - Document 153 (E.D. Ark. 2014)

Court Description: ORDER denying 151 Motion to Dismiss. It is time to decide this case on the merits. If Murphy has any objection to the Proposed Findings and Recommendations, 150 , it is due by 8 September 2014. Signed by Judge D. P. Marshall Jr. on 8/28/2014. (jak)

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Murphy v. Hobbs et al Doc. 153 FILED U.S. DISTRICT COURT EASTER.'\ c:nRICT ARKANSAS IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JAMES W. McffRM:!<, CLER!< By: c2"'- NORTHERN DIVISION c:.:;"' CLERK LISA RYAN MURPHY ADC #760343 v. PLAINTIFF No. 1:13-cv-00020-DPM RAY HOBBS, Director, Arkansas Department of Correction; JOHN MAPLES, Warden, Grimes Unit, ADC; NURZUHAL FAUST, Warden, Mcpherson Unit, ADC; LINDA DIXON, Major, McPherson Unit, ADC; RICHARD GUY, Warden; AUNDREA WEEKLY, Warden; VIRGINIA ROBINS, Sergeant; MARVIN EVANS, Assistant Director, ADC; and KRAMER JONES, Lieutenant DEFENDANTS ORDER Murphy's motion to voluntarily dismiss all her claims, NQ 151, is denied. FED. R. CIV. P. 41(a)(2). The Court has already granted a prior voluntary dismissal of the case. NQ 39. And several factors counsel against another: Defendant's ripe motion for summary judgment; no explanation on why a second dismissal is needed; the potential prejudice to Defendants; and the more than one-hundred and fifty filings to date. Paulucci v. City ofDuluth, 826 F.2d 780, 783 (8th Cir. 1987). It is time to decide this case on the merits. If Murphy has any objection to the Proposed Findings and Recommendations, NQ 150, it is due by 8 September 2014. Dockets.Justia.com So Ordered. D.P. Ma;shall Jr.?" United States District Judge -2-

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