Cason v. Kelley et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 8 Report and Recommendations; case dismissed with prejudice. Signed by Honorable Susan O. Hickey on April 12, 2017. (cnn)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
KEVIN S. CASON

v.

PLAINTIFF

Case No. 1:17-cv-1019

BRANDON KELLEY, Patrol Officer,
Crossett Police Department; MATT
BROOKS, Investigator, Crossett Police
Department; J W CREWS, Chief of Police,
Crossett Police Department; SCOTT
MCCORMICK, Mayor of Crossett, Arkansas;
STEVEN PORCH, Court Appointed
Attorney

DEFENDANTS

ORDER
Before the Court is the Report and Recommendation filed March 16, 2017, by the
Honorable James R. Marschewski, United States Magistrate Judge for the Western District of
Arkansas. (ECF No. 8).

Judge Marschewski recommends that Plaintiff’s case be dismissed

with prejudice pursuant to the Prison Litigation Reform Act. Judge Marschewski recommends
that Plaintiff Kevin S. Cason’s claims challenging the pending state criminal proceedings are
barred under the Younger abstention doctrine.

Judge Marschewski also recommends that

Plaintiff’s claims fail to state cognizable claims under 42 U.S.C. § 1983.
Plaintiff has not 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 in toto. Plaintiff’s case is hereby DISMISSED WITH PREJUDICE.
IT IS SO ORDERED, this 12th day of April, 2017.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge