Jones v. Hempstead County Probation and Parole Office, 4:19-cv-4009. (2019)
Court: District Court, W.D. Arkansas
Number: infdco20190813881
Visitors: 11
Filed: Aug. 12, 2019
Latest Update: Aug. 12, 2019
Summary: ORDER SUSAN O. HICKEY , Chief District Judge . Before the Court is the Report and Recommendation filed July 18, 2019, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 25). Judge Bryant recommends that the Court grant Separate Defendant Arkansas Department of Community Corrections' ("ACC") Motion to Dismiss (ECF No. 22) and dismiss Plaintiff's claims against ACC pursuant to the doctrine of sovereign immunity. No party has filed
Summary: ORDER SUSAN O. HICKEY , Chief District Judge . Before the Court is the Report and Recommendation filed July 18, 2019, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 25). Judge Bryant recommends that the Court grant Separate Defendant Arkansas Department of Community Corrections' ("ACC") Motion to Dismiss (ECF No. 22) and dismiss Plaintiff's claims against ACC pursuant to the doctrine of sovereign immunity. No party has filed ..
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ORDER
SUSAN O. HICKEY, Chief District Judge.
Before the Court is the Report and Recommendation filed July 18, 2019, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 25). Judge Bryant recommends that the Court grant Separate Defendant Arkansas Department of Community Corrections' ("ACC") Motion to Dismiss (ECF No. 22) and dismiss Plaintiff's claims against ACC pursuant to the doctrine of sovereign immunity.
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). Therefore, the Court adopts the Report and Recommendation (ECF No. 25) in toto. Accordingly, Separate Defendant Arkansas Department of Community Corrections' Motion to Dismiss (ECF No. 22) is hereby GRANTED. Plaintiff's claims against Separate Defendant Arkansas Department of Community Corrections are DISMISSED WITH PREJUDICE.2
IT IS SO ORDERED.
FootNotes
1. Plaintiff sued, inter alia, the "Hempstead County Probation and Parole Office." However, Judge Bryant noted that the proper defendant is the Arkansas Department of Community Corrections. Thus, the remainder of this order will refer to Separate Defendant Hempstead County Probation and Parole Office as the Arkansas Department of Community Corrections.
2. ACC's motion to dismiss also requested that the dismissal count as a strike for purposes of 28 U.S.C. § 1915(g). Judge Bryant made no finding or recommendation as to that request and ACC has not objected. Accordingly, this order will not count this dismissal a strike.
Source: Leagle
