Jones v. Hope City Police Department et al

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 32 ; granting 27 Motion to Dismiss claims against Defendant Tyson Foods. Clerk directed to close case. Signed by Honorable Susan O. Hickey on September 10, 2019. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
BERNARD JONES

v.

PLAINTIFF

Civil No. 4:19-cv-4009

TYSON FOODS

DEFENDANT
ORDER

Before the Court is the Report and Recommendation filed August 23, 2019, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 32). Judge Bryant recommends that the Court grant Separate Defendant Tyson Foods’
Motion to Dismiss (ECF No. 27) and dismiss Plaintiff Bernard Jones’ claims against Tyson
pursuant to Federal Rule of Civil Procedure 12(b)(6). Specifically, Judge Bryant finds that
Plaintiff failed to state a cognizable claim against Tyson under 42 U.S.C. § 1983 upon which relief
may be granted.
Plaintiff has not 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. 32) in toto. Accordingly, Separate Defendant Tyson Foods’ Motion
to Dismiss (ECF No. 27) is hereby GRANTED. Plaintiff’s claims against Separate Defendant
Tyson Foods are DISMISSED WITHOUT PREJUDICE. All defendants in this matter have
now been dismissed, so the Clerk of Court is directed to close this case.
IT IS SO ORDERED, this 10th day of September, 2019.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge