Filed: Aug. 07, 2018
Latest Update: Aug. 07, 2018
Summary: ORDER SUSAN O. HICKEY , District Judge . Before the Court is the Report and Recommendation filed on July 18, 2018, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 59. This is an action brought pursuant to 42 U.S.C. 1983. On November 29, 2017, Separate Defendants Bethel, Collier, and Avant filed a Motion to Dismiss Plaintiff's claims of unlawful imprisonment and false arrest against them. ECF No. 37. Judge Bryant recommends th
Summary: ORDER SUSAN O. HICKEY , District Judge . Before the Court is the Report and Recommendation filed on July 18, 2018, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 59. This is an action brought pursuant to 42 U.S.C. 1983. On November 29, 2017, Separate Defendants Bethel, Collier, and Avant filed a Motion to Dismiss Plaintiff's claims of unlawful imprisonment and false arrest against them. ECF No. 37. Judge Bryant recommends tha..
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ORDER
SUSAN O. HICKEY, District Judge.
Before the Court is the Report and Recommendation filed on July 18, 2018, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 59. This is an action brought pursuant to 42 U.S.C. § 1983. On November 29, 2017, Separate Defendants Bethel, Collier, and Avant filed a Motion to Dismiss Plaintiff's claims of unlawful imprisonment and false arrest against them. ECF No. 37. Judge Bryant recommends that Separate Defendants' Motion to Dismiss should be granted, and Plaintiff's unlawful arrest and false imprisonment claims against certain defendants should be dismissed because those claims are barred by the Heck doctrine.1 See Heck v. Humphrey, 512 U.S. 477 (1944).
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. The Motion to Dismiss filed by Separate Defendants Bethel, Collier, and Avant (ECF No. 37) should be and hereby is GRANTED. Accordingly, Plaintiff's unlawful arrest and false imprisonment claims against Defendants Collier, Bethel, Watson, Forga, Avant, Morrison, Cain and Whitworth are hereby DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.
FootNotes
1. Although the Motion to Dismiss was filed by Separate Defendants Bethel, Collier, and Avant, Judge Bryant concludes that the unlawful arrest and false imprisonment claims against Separate Defendants Watson, Forga, Morrison, Cain, and Whitworth should also be dismissed given the nature of the claims.
