Johnson v. Glady et al

Filing 16

ORDER adopting 9 Recommendation. Johnson's claims against the Osceola Police Department are dismissed with prejudice. His conditions of confinement claim is dismissed without prejudice. Johnson's false arrest claim is stayed pending res olution of his state court proceedings. The Court directs the Clerk to administratively terminate the case. If Johnson doesn't file a timely motion to reopen or a status report by 4/28/2018, then the Court will reopen the case and dismiss it without prejudice. An in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 4/28/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
JAMES JOHNSON
#M28313

v.

PLAINTIFF
No. 3:17-cv-8-DPM

DAVIS GLADY, Chief, Osceola
Police Department; HAUL T, Detective,
CID, Osceola Police Department; and
OSCEOLA POLICE DEPARTMENT

DEFENDANTS

ORDER
1. The Court re-mailed copies of the recommendation to Johnson's

updated address on March 31st and April 10th based on Johnson's address
change. NQ 10 & 11. Johnson hasn't responded. And while mail sent to his
old address was returned undeliverable, NQ 12 & 14, neither re-mailed
recommendation has been returned.
2. Unopposed recommendation, NQ 9, adopted.

FED.

R. Crv . P. 72(b)

(1983 addition to advisory committee notes). Johnson's claims against the
Osceola Police Department are dismissed with prejudice. His conditions of
confinement claim is dismissed without prejudice.
Johnson's false arrest claim is stayed pending resolution of his state
court proceedings. The Court directs the Clerk to administratively terminate

the case. Johnson can move to reopen this case after final disposition of his
state case, including any appeal. Any motion to reopen must be filed within
sixty days of that final disposition. If Johnson doesn't file a timely motion to
reopen or a status report by 28 April 2018, then the Court will reopen the case
and dismiss it without prejudice.
3. An in forma pauperis appeal from this Order would not be taken in
good faith. 28 U.S.C. § 1915(a)(3).
So Ordered.

(/

D.P. Marshall Jr.
United States District Judge

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