Miller v. Vail

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 15 ; denying 7 Motion to Supplement; granting 12 Motion to Dismiss for Failure to State a Claim. Signed by Honorable Susan O. Hickey on April 29, 2016. (mll)

Download PDF
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION MELTON LEE MILLER VS. PLAINTIFF CASE NO. 15-CV-4074 ASHLEY VAIL DEFENDANT ORDER Before the Court is the Report and Recommendation filed on April 5, 2016 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 15). Judge Bryant recommends that Defendant’s Motion to Dismiss (ECF No. 12) be granted and that Plaintiff’s Motion to Supplement Complaint (ECF No. 7) be denied. Plaintiff has filed objections to the Report and Recommendation. (ECF No. 16). After reviewing the record de novo, the Court adopts Judge Bryant’s Report and Recommendation as its own. In his Report and Recommendation, Judge Bryant found that the facts set forth in Plaintiff’s Complaint do not support any plausible cause of action for relief under 42 U.S.C. § 1983. Judge Bryant also found that Plaintiff’s proposed supplement to his Complaint is duplicative and adds no additional parties, facts, or claims to this action. While Plaintiff has filed objections to the Report and Recommendation, the objections are not directly responsive to the Report and Recommendation and raise no specific objections for the Court to consider. Accordingly, the Court overrules Plaintiffs’ objections and adopts Judge Bryant’s Report and Recommendation. For the reasons stated herein and above, as well as those contained in the Report and Recommendation, Plaintiff’s Motion to Supplement (ECF No. 7) is hereby DENIED, and Defendant’s Motion to Dismiss (ECF No. 12) is hereby GRANTED. IT IS SO ORDERED, this 29th day of April, 2016. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?