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)

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