Jones v. Hope City Police Department et al
Filing
31
ORDER ADOPTING REPORT AND RECOMMENDATIONS re 25 ; granting 22 Motion to Dismiss for Failure to State a Claim. Hempstead County Probation and Parole Office terminated. Signed by Honorable Susan O. Hickey on August 12, 2019. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
BERNARD JONES
v.
PLAINTIFF
Civil No. 4:19-cv-4009
HEMPSTEAD COUNTY PROBATION
AND PAROLE OFFICE, 1 et al.
DEFENDANTS
ORDER
Before the Court is the Report and Recommendation filed July 18, 2019, by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 25).
Judge Bryant recommends that the Court grant Separate Defendant Arkansas Department of
Community Corrections’ (“ACC”) Motion to Dismiss (ECF No. 22) and dismiss Plaintiff’s claims
against ACC pursuant to the doctrine of sovereign immunity.
No party has 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 (ECF
No. 25) in toto. Accordingly, Separate Defendant Arkansas Department of Community Corrections’
Motion to Dismiss (ECF No. 22) is hereby GRANTED. Plaintiff’s claims against Separate Defendant
Arkansas Department of Community Corrections are DISMISSED WITH PREJUDICE. 2
IT IS SO ORDERED, this 12th day of August, 2019.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
Plaintiff sued, inter alia, the “Hempstead County Probation and Parole Office.” However, Judge Bryant noted that
the proper defendant is the Arkansas Department of Community Corrections. Thus, the remainder of this order will
refer to Separate Defendant Hempstead County Probation and Parole Office as the Arkansas Department of
Community Corrections.
1
ACC’s motion to dismiss also requested that the dismissal count as a strike for purposes of 28 U.S.C. § 1915(g).
Judge Bryant made no finding or recommendation as to that request and ACC has not objected. Accordingly, this
order will not count this dismissal a strike.
2
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?