Lowery v. State of Kansas et al

Filing 44

ORDER ADOPTING REPORT AND RECOMMENDATIONS ENTERED: Plaintiff's Amended Complaint (Doc. 5 ) is DISMISSED WITHOUT PREJUDICE as it pertains to the City of Leavenworth and the Leavenworth Police Department, the Report and Recommendations (Doc. 26) is adopted in its entirety, and the case against those two defendants is dismissed. Signed by District Judge Toby Crouse on 07/16/21. Mailed to pro se party LaJuan S.L. Lowery by regular mail. (smnd)

In the United States District Court
for the District of Kansas
_____________
Case No. 5:20-cv-03278-TC-ADM
_____________
LAJUAN S.L. LOWERY,
Plaintiff
v.
SEAN FLYNN, ET AL.,
Defendants
_____________
ORDER ADOPTING REPORT & RECOMMENDATION
This matter is before the Court on Magistrate Judge Angel D.
Mitchell’s Report and Recommendation (R&R) that Plaintiff LaJuan
S.L. Lowery’s claims against the City of Leavenworth and the
Leavenworth Police Department (Doc. 5) be dismissed for failure to
state a claim under 28 U.S.C. § 1915(e)(2). Doc 26. The R&R was sent
to Plaintiff via regular mail on May 10, 2021. It provided that Plaintiff
would have fourteen days from receipt of the R&R to file any
objections. Objections were due by May 24, 2021. Doc. 26.
As of July 16, 2021, Lowery has not filed an objection to Judge
Mitchell’s R&R. As a result, this Court accepts and adopts the R&R as
its own.
IT IS FURTHER ORDERED that Plaintiff’s Amended
Complaint (Doc. 5) is DISMISSED WITHOUT PREJUDICE as it
pertains to the City of Leavenworth and the Leavenworth Police
Department, the Report and Recommendations (Doc. 26) is adopted
in its entirety, and the case against those two defendants is dismissed.
IT IS SO ORDERED.

Date: July 16, 2021

_s/ Toby Crouse
Toby Crouse
United States District Judge