Anderson v. Graves

Filing 22

ORDER ADOPTING 21 Report and Recommendations; further granting 18 Motion to Dismiss Case. Plaintiff's claims are DISMISSED WITHOUT PREJUDICE. Signed by Honorable Susan O. Hickey on August 9, 2016. (hnc)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION

ROBERT LEE ANDERSON

VS.

PLAINTIFF

Civil No. 15-cv-6054

CORPORAL GRAVES

DEFENDANT
ORDER

Before the Court is the Report and Recommendation filed July 20, 2016, by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 21).
Judge Bryant recommends that Defendant’s Motion to Dismiss (ECF No. 18) be granted and that
Plaintiff’s Complaint against Defendant be dismissed with prejudice. The parties have 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. Defendant’s Motion to
Dismiss (ECF No. 18) is hereby GRANTED, and Plaintiff’s claims are DISMISSED WITHOUT
PREJUDICE.1
IT IS SO ORDERED, this 9th day of August, 2016.

/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

1

Upon review of the Report and Recommendation, the Court finds that a dismissal
without prejudice is more appropriate than a dismissal with prejudice. The Report and
Recommendation states that Plaintiff has failed to include custom or policy allegations that
would support an official capacity claim. This is a deficiency that could be corrected in a later
complaint.