Owens v. Runion et al

Filing 25

ORDER denying as moot 19 Motion for Summary Judgment; denying as moot 22 Motion for Extension of Time to Answer ; ADOPTING IN TOTO 24 Report and Recommendations. Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE. The Clerk is directed to place a strike flag on the case. Signed by Honorable Susan O. Hickey on November 21, 2022. (lgd)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
MARCUS ONEIL LAQUIENT OWENS
v.

PLAINTIFF

Case No. 4:22-cv-04069

SHERIFF JACKIE RUNION, Miller County, Arkansas;
SMART COMMUNICATIONS/SMART JAIL MAIL

DEFENDANTS

ORDER
Before the Court is the Report and Recommendation filed October 19, 2022, by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 24. Judge
Bryant recommends that Plaintiff’s claims against Defendants Sheriff Jackie Runion and Smart
Communications/Smart Jail Mail be dismissed for failure to state a claim as a matter of law pursuant to
Federal Rule of Civil Procedure 12(b)(6). Judge Bryant further recommends that Plaintiff’s Motion for
Summary Judgment (ECF No. 19) and Defendant Smart Communications’ Motion for Extension of Time
to File Answer (ECF No. 22) be denied as moot.
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). Being well and sufficiently advised, and finding no clear error on
the face of the record, the Court adopts the Report and Recommendation in toto. Plaintiff's Complaint
(ECF No. 1) is hereby DISMISSED WITHOUT PREJUDICE.

Further, Plaintiff’s Motion for

Summary Judgment (ECF No. 19) and Defendant Smart Communications/Smart Jail Mail’s Motion for
Extension of Time to File Answer (ECF No. 22) are DENIED AS MOOT. Finally, the dismissal
constitutes a “strike” under the PLRA, 28 U.S.C. § 1915(g), and the Clerk of Court is directed to place a §
1915(g) strike flag on the case.
IT IS SO ORDERED, this 21st day of November, 2022.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge