Grissom v. Dreiling et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 7 Report and Recommendations. Plaintiff's Complaint is dismissed without prejudice. Signed by Honorable Susan O. Hickey on January 8, 2016. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
CHARLES D. GRISSOM, JR.
v.

PLAINTIFF
Case No. 4:15-cv-04054

RICHARD W. DREILING, Chairman and
Chief Executive Officer of Dollar General Inc.;
LOUISE (or LOUIS) JOY GRAHAM, Manager, Dollar
General Store #1, 1305 Dudley Street, Texarkana,
Arkansas; OFFICER EDWARD CHATTAWAY
#910, Texarkana Police Department (TPD) (Arkansas);
OFFICER ALLEN JOHNSON, TPD; CAPTAIN
GLENN M. LINKEDLN, (TPD); and DOLLAR
GENERAL, INC.

DEFENDANTS

ORDER
Before the Court is the Report and Recommendation filed August 27, 2015 by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 7).
Judge Bryant recommends that Plaintiff’s Complaint (ECF No. 1) and subsequent addendum (ECF No.
6) be dismissed, as the claims asserted are not presently cognizable under 42 U.S.C. § 1983, the
Complaint fails to state claims upon which relief may be granted, and no basis for federal jurisdiction
exists. Plaintiff filed objections to the Report and Recommendation six days after the time set by the
Court for objections to be filed. (ECF No. 8). While Plaintiff’s objections were filed late, the Court
has elected to consider them. After reviewing the record de novo, the Court adopts Judge Bryant’s
Report and Recommendation as its own.
Plaintiff makes many objections to the recommended dismissal of his Complaint and
Addendum. (ECF No. 8). However, Plaintiff’s objections are not directly responsive. Plaintiff states
that he has “no knowledge of the grounds and/or reasons used to deny his complaint,” but he does not
specifically address any of the legal issues discussed in the Report and Recommendation. Upon review

of the Report and Recommendation, the Court finds that Judge Bryant clearly and thoroughly set forth
the legal grounds and reasons for dismissal of Plaintiff’s Complaint. The Court will not repeat that
analysis here.
The Court overrules Plaintiff’s objections and adopts Judge Bryant’s Report and
Recommendation (ECF No. 7) in toto. For the reasons stated above, as well as those contained in the
Report and Recommendation, Plaintiff’s Complaint should be and hereby is DISMISSED WITHOUT
PREJUDICE.
IT IS SO ORDERED, this 8th day of January, 2016.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge