Pedigo v. Leman et al

Filing 43

ORDER adopting 41 Report and Recommendations in toto; Further, granting 35 Motion to Dismiss Case. Plaintiffs Amended Complaint 13 hereby is DISMISSED WITHOUT PREJUDICE. Signed by Honorable Susan O. Hickey on January 3, 2025. (jlm)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
DAVID EDMOND PEDIGO
v.

PLAINTIFF
Case No. 4:23-cv-4115

CORRECTIONAL OFFICER LEMAN, et al.

DEFENDANTS

ORDER
Before the Court is a Report and Recommendation (“R&R”) issued by the Honorable Barry
A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 41.
Judge Bryant recommends that Defendants’ Motion to Dismiss (ECF No. 35) be granted and that
Plaintiff’s Amended Complaint (ECF No. 13) be dismissed without prejudice.
No party has objected to the R&R, and the time to do so has passed. See 28 U.S.C. §
636(b)(1). Upon review, finding no clear error on the face of the record and that Judge Bryant’s
reasoning is sound, the Court adopts the R&R (ECF No. 41) in toto. Defendants’ Motion to
Dismiss (ECF No. 35) hereby is GRANTED. Plaintiff’s Amended Complaint (ECF No. 13)
hereby is DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED, this 3rd day of January, 2025.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge