Vickers v. Dennis et al

Filing 10

ORDER adopting 8 Report and Recommendations in toto; denying as moot 9 Motion to Stay. Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE. Signed by Honorable Susan O. Hickey on May 10, 2024.(mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
VICTOR SHANE VICKERS
v.

PLAINTIFF
Case No. 4:24-cv-4014

CHIEF OF POLICE ORLANDO
DENNIS, 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. 8. After
screening Plaintiff’s pro se 42 U.S.C. § 1983 claims pursuant to 28 U.S.C. § 1915A(a), Judge
Bryant recommends that: 1) Plaintiff’s Claims 1, 2, and 3 against all Defendants be dismissed for
failure to state a claim, 2) Plaintiff’s official capacity claims against all Defendants be dismissed
for failure to state a claim, and 3) the Court decline to exercise supplemental jurisdiction over
Plaintiff’s state law claim.
Plaintiff has not 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. 8) in toto. Plaintiff’s Complaint (ECF
No. 1) is hereby DISMISSED WITHOUT PREJUDICE. Plaintiff’s Motion to Stay 1 (ECF No.
0F

9) is hereby DENIED as MOOT.
IT IS SO ORDERED, this 10th day of May, 2024.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge

Plaintiff sought to stay this matter because he could not obtain relief for his § 1983 claims until certain state
proceedings had been exhausted. ECF No. 9. Because the Court has determined that Plaintiff failed to sufficiently
allege his § 1983 claims, his request to stay this matter is moot.

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