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)

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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

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