IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETEVILLE DIVISION

DESTIN ALLEN LEWIS PLAINTIFF

v. CIVIL NO. 5:25-cv-05117

ARKANSAS, STATE OF; and BENTON COUNTY DEFENDANTS

REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE On May 27, 2025, Plaintiff filed a Complaint pursuant

(ECF No. 1). The Court entered an order on May 30, 2025, finding that Plaintiff’s claims could not be brought under §1983 and must be brought under

, and giving Plaintiff until June 20, 2025, to file a proper petition for habeas corpus under §2254. (ECF No. 12). Plaintiff was cautioned that if he did not return the completed petition by June 20, 2025, the case would be dismissed without further notice by the Court. Id. Plaintiff filed an objection to this order (ECF No. 13), which was overruled by the Honorable Timothy L. Brooks on June 6, 2025. (ECF No. 16). On June 26, 2025, this Court entered a Show Cause Order, giving Plaintiff until July 17, 2025, to show cause as to why he had failed to obey the order of the Court. (ECF No. 21). Plaintiff has yet to respond to the Order to Show Cause and has not filed a completed §2254 petition. Therefore, it is RECOMMENDED that Plaintiff’s case be DISMISSED without prejudice on the grounds that he has failed to respond to a Court order. See Fed. R. Civ. Pro. 41(b). The parties have fourteen (14) days from receipt of the Report and Recommendation in

1 Lewis cites the Court to

. However, the Declaratory Judgment Act merely expanded the relief available through litigation, “it is not an independent source of federal jurisdiction; the availability of such relief presupposes the existence of a judicially remediable right.” Schilling v. Rogers,

(1960). Section 1983 does create a right of action for individuals who believe their constitutional rights have been violated. which to file written objections pursuant to

(b)(1). The failure to file timely objections may result in waiver of the right to appeal questions of fact. The parties are reminded that objections must be both timely and specific to trigger de novo review by the district court. RECOMMENDED this 2nd day of October 2025.

HON. CHRISTY COMSTOCK UNITED STATES MAGISTRATE JUDGE