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SMITH v. DUKE

No. 5:02 CV 00349-WRW.

296 F.Supp.2d 965 (2003)

John L. SMITH, A/K/A Shahid Taqwa ADC # 87177 Plaintiff v. James DUKE, Hearing Officer, Arkansas Department of Correction; J. Phillips, Sergeant, Cummins Unit, Arkansas Department of Correction; W. Taylor, Major, Cummins Unit, Arkansas Department of Correction Defendant

United States District Court, E.D. Arkansas, Pine Bluff Division.

November 26, 2003.

Attorney(s) appearing for the Case

John Smith/Taqwa, Grady, AR, Pro se.

ORDER

WILSON, District Judge.

I reviewed the Proposed Findings and Recommended Disposition ("RD") of the Magistrate Judge (Doc. No. 9). I rejected the RD and filed an Order of Referral (Doc. No. 10). Upon reflection, because this is a matter of first impression in this Circuit, I determined that it was I who should enter this opinion. I agree with the portion of the RD which holds that the Plaintiff's claims must be dismissed without prejudice for...

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