Hildebrand v. Marloe

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATIONS 27 ; case dismissed without prejudice. Signed by Honorable Susan O. Hickey on October 7, 2019. (cnn)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
THEOTIS HILDEBRAND
v.

PLAINTIFF
Case No. 1:19-cv-1004

OFFICER MARLIN BROWN

DEFENDANT
ORDER

Before the Court is the Report and Recommendation filed September 24, 2019, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 27). Judge Bryant recommends that this action be dismissed because Plaintiff has
repeatedly failed to provide an accurate address for service on Defendant. 1
Plaintiff has filed objections to the Report and Recommendation. However, Plaintiff states
that he is objecting solely to preserve potential issues for appeal. Plaintiff concedes that he is
unable to provide an accurate address for service on Defendant and admits that this action should
be dismissed until he acquires such information. Therefore, the Court adopts the Report and
Recommendation (ECF No. 27) in toto.

Accordingly, this action is hereby DISMISSED

WITHOUT PREDJUDICE.
IT IS SO ORDERED, this 7th day of October, 2019.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge

1

There have been four unsuccessful attempts to serve Defendant over the course of five months.