Reed v. Faulkner County Sheriff's Office et al

Filing 19

ORDER adopting 16 Recommendation and overruling 18 Objections. Reed's claims against the Faulkner County Sheriff's Department and the Faulkner County Detention Center are dismissed with prejudice. His claims against Ferguson and Fletche r are dismissed without prejudice. Reed's claims about access to the courts and the conditions of his confinement are dismissed without prejudice for failure to state a claim. The rest if Reed's case is stayed. The Court directs the Clerk to administratively terminate this case. If Reed doesn't file a timely motion to reopen or a status report by 3/13/2018, then the Court will reopen the case and dismiss it without prejudice. The motions 13 & 15 are denied without prejudice as moot. Signed by Judge D. P. Marshall Jr. on 3/13/2018. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION SIMON ERIC REED v. PLAINTIFF No. 4:18-cv-57-DPM FAULKNER COUNTY SHERIFF'S OFFICE; FAULKNER COUNTY DETENTION CENTER; TIM RYALS, Sheriff, Faulkner County; CHRISTOPHER RIED MUELLER, Captain, Faulkner County Detention Center; MATT RICE, Chief of Deputies, Faulkner County Sheriff's Department; RUSTY PAGE, Sergeant, Faulkner County Sheriff's Department; GARY ANDREWS, Lieutenant, Faulkner County Sheriff's Department; LUKE FERGUSON, Prosecuting Attorney; HARPER, Officer, Faulkner County Sheriff's Office; DOES, Unknown Officers; and AFTON FLETCHER, DCTF DEFENDANTS ORDER 1. On de nova review, the Court adopts the recommendation, Ng 16, and overrules Reed's objections, Ng 18. FED. R. CIV. P. 72(b)(3). Reed's claims against the Faulkner County Sheriff's Department and the Faulkner County Detention Center are dismissed with prejudice. His claims against Ferguson and Fletcher are dismissed without prejudice. Reed's claims about access to the courts and the conditions of his confinement are dismissed without prejudice for failure to state a claim. 2. The rest of Reed's case is stayed. Younger v . Harris, 401 U.S. 37 (1971). The Court directs the Clerk to administratively terminate this case. Reed may move to reopen 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 Reed doesn't file a timely motion to reopen or a status report by 13 March 2019, then the Court will reopen the case and dismiss it without prejudice. 3. Neither of Reed's pending motions, NQ 13 & NQ 15, change the Court's conclusion. They are therefore denied without prejudice as moot. So Ordered. fr. D.P. Marshall United States District Judge I3 -2- IV/M-ck :J..o/ 8

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