Medlock v. Hutchinson et al

Filing 21

ORDER ADOPTING 15 REPORT AND RECOMMENDATIONS and ORDERED that plaintiffs claims against Governor Hutchinson and Director Kelley are Dismissed Without Prejudice. Asa Hutchinson (Governor, State of Arkansas) and Wendy Kelley (Director, Arkansas Department of Correction) are now terminated.. Signed by District Judge Robert W. Schroeder, III on 1/31/2018. (sm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
VICTOR MEDLOCK JR.,
Plaintiff,
v.
ASA HUTCHINSON ET AL.,
Defendants.

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CIVIL ACTION NO. 5:17-CV-00108-RWS

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The Plaintiff Victor Medlock, a former inmate of the Bowie County Correctional Center in
Texarkana, Texas, filed this civil rights lawsuit under 42 U.S.C. §1983 complaining of alleged
violations of his constitutional rights. This Court ordered that the case be referred to the United
States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and (3) and the Amended Order for the
Adoption of Local Rules for the Assignment of Duties to United States Magistrate Judges.
The Magistrate Judge issued a Report recommending dismissal without prejudice of two
Defendants: Arkansas Governor Asa Hutchinson and Arkansas Department of Corrections
Director Wendy Kelley. Docket No. 15. Plaintiff received a copy of this Report on November 29,
2017. Docket No. 16. No objections were filed. In the absence of objections, the Court reviews
the Magistrate Judge’s Report for clear error.

Douglass v. United Services Automobile

Association, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc); see United States v. Wilson, 864 F.2d
1219, 1221 (5th Cir. 1989) (explaining that the clear error standard is “appropriate only where
there has been no objection to the magistrate’s ruling”).

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Having reviewed the Report and record, the Court agrees with the Magistrate Judge that
Defendants Governor Hutchinson and Director Kelley should be dismissed for lack of general or
specific jurisdiction. Accordingly, it is
ORDERED the Report of the Magistrate Judge (Docket No. 15) is ADOPTED as the
opinion of the Court. It is further
ORDERED the Plaintiff’s claims against Governor Hutchinson and Director Kelley are
DISMISSED WITHOUT PREJUDICE.
SIGNED this 31st day of January, 2018.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

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