Dudley v. State of Arkansas
Dudley v. State of Arkansas
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION
KARANYA MARQUIS DUDLEY PLAINTIFF
v. Case No. 4:24-cv-4038
STATE OF ARKANSAS; STATE TROOPER JACOB MEADOWS; STATE OF ARKANSAS HEADQUARTERS TROOP G; AMY FREEDMAN; STATE POLICE TROOP G; MILLER COUNTY SHERIFF’S OFFICE; SUPERVISOR OF HEADQUARTERS; and BOOKING OFFICER # 0829 DEFENDANTS
ORDER
Before the Court is a Report and Recommendation (“R&R”) issued by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 9. Upon preservice screening of Plaintiff’s Motion for Service (ECF No. 3) Amended Complaint (ECF No. 6) pursuant to
28 U.S.C. § 1915(e)(2), Judge Bryant recommends that: • Plaintiff’s
42 U.S.C. § 1983official capacity claims against the State of Arkansas, State of Arkansas Headquarters Troop G, State Police Troop G, Defendant Meadows, Defendant Freedman, Miller County Sheriff’s Office, and Defendant Supervisor of Headquarters be dismissed without prejudice because they have immunity or are not entities subject to § 1983 claims. • Plaintiff’s § 1983 claims against the Miller County Sheriff’s Office be dismissed without prejudice for also failing to state a claim. • Plaintiff’s § 1983 individual capacity claims against Defendants Meadows and Booking Officer #8029 be administratively stayed until Plaintiff can show that her criminal case in Miller County has resolved. • Plaintiff’s Motion for Service (ECF No. 3) be denied. Plaintiff filed a timely objection, but it consists solely of conclusory statements in opposition to Judge Bryant’s recommendations. ECF No. 11. Thus, the Court will review Judge Bryant’s R&R for clear error. See Griffini v. Mitchell,
31 F.3d 690, 692(8th Cir. 1994) (noting that a specific
objection is necessary to require a de novo review of a magistrate’s recommendation instead of a review for clear error). Upon review, finding no clear error on the face of the record and that Judge Bryant’s reasoning is sound, the Court adopts the R&R (ECF No. 9) in toto. Plaintiff’s Motion for Service (ECF No. 3) is hereby DENIED. All claims except the individual capacity claims against Defendants Meadows and Booking Officer #8029 are hereby DISMISSED WITHOUT PREJUDICE. The remaining individual capacity claims against Defendants Meadows and Booking Officer #8029 are hereby ADMINISTRATIVELY STAYED until Plaintiff can show that her criminal case in Miller County has resolved. IT IS SO ORDERED, this 20th day of March, 2025. /s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge
Reference
- Status
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