Toney v. Lingo

Filing 30

ORDER 29 Report and Recommendations in toto; Further, granting 26 Motion to Dismiss Party. Plaintiff's Amended Complaint 8 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
HOT SPRINGS DIVISION
JAVON TONEY
v.

PLAINTIFF
Case No. 6:23-cv-6135

JOSHUA LINGO (Jail Administrator,
Hot Springs County Jail); and INMATE
ARMANI BARNETT

DEFENDANTS
ORDER

Before the Court is a Report and Recommendation (“R&R”) issued by the Honorable
Mark E. Ford, United States Magistrate Judge for the Western District of Arkansas. ECF No. 29.
Judge Ford recommends that Defendant Armani Barnett’s Motion to Dismiss (ECF No. 26) be
granted and that Plaintiff’s Amended Complaint (ECF No. 8) 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 Ford’s
reasoning is sound, the Court adopts the R&R (ECF No. 29) in toto. Defendant Barnett’s Motion
to Dismiss (ECF No. 26) hereby is GRANTED. Plaintiff’s Amended Complaint (ECF No. 8)
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