Horn v. Peterson et al

Filing 34

ORDER ADOPTING 33 REPORT AND RECOMMENDATIONS in toto ; Accordingly, the Court finds that Plaintiffs Amended Complaint 32 should be and hereby is DISMISSED WITHOUT PREJUDICE. Signed by Honorable Susan O. Hickey on March 6, 2025. (tmc)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
DUSTIN LEMUEL HORN
v.

PLAINTIFF
Case No. 6:24-cv-06049

MRS. PETERSON; LIEUTENANT
BENJAMIN MARTIN; SERGEANT
ANDERSON; MAJOR SECURITY
FREDDIE OTTS; and WARDEN
WALTER WHITE

DEFENDANTS

ORDER
Before the Court is the Report and Recommendation filed February 3, 2025, by the
Honorable Mark E. Ford, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 33). Judge Ford recommends that Plaintiff’s Amended Complaint should be dismissed
without prejudice for failure to present any cognizable individual or official capacity claims against
Defendants.
Plaintiff has not responded 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 Report and Recommendation (ECF No. 33) in toto. Accordingly, the
Court finds that Plaintiff’s Amended Complaint (ECF No. 32) should be and hereby is
DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED, this 6th day of March, 2025.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge