Maskell v. Hildreth

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
ADAM MASKELL 	PLAINTIFF
v. 	Case No. 1:23-cv-01048
CHIEF OF POLICE
SHAUN HILDRETH,
Warren Police Department;
and OFFICER TERRANCE
MOORE, Warren Police
Department 	DEFENDANTS
ORDER
Before the Court is the Report and Recommendation (“R&R”) filed March 31, 2025, by
the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of
Arkansas. (ECF No. 42). Plaintiff Adam Maskell (“Plaintiff”) has objected. (ECF No. 45). The
Court finds the matter ripe for consideration.
In the R&R, Judge Bryant recommends that Defendants’ Motion to Stay Proceedings
Pending Criminal Disposition (ECF No. 37) be granted and that the instant case be stayed and
administratively terminated during the pending appeals process of Plaintiff’s state criminal case.
(ECF No. 42, at 5). 	Further, Judge Bryant recommends that Plaintiff be admonished not to
reopen the instant case until his state criminal proceedings are complete in all respects. 	(ECF
No. 42, at 5).
Plaintiff has timely objected. 	(ECF No. 45). 	However, Plaintiff’s objection, in relevant
part, primarily requests that the Court wait until April 24, 2025, to discover if Plaintiff was able
to obtain the “certified record” in time to aid with his criminal appeal or if he “will lose his right
to appeal his criminal case.” (ECF No. 45, at 2). Review of Plaintiff’s state criminal case shows
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that Plaintiff’s appeals process is still ongoing.1 	Further, on April 28, 2025, Plaintiff filed a
motion with the Arkansas Supreme Court regarding his criminal case.2
Upon de novo review, the Court hereby adopts the R&R (ECF No. 42) in toto.
Accordingly, the Court finds that Defendants’ Motion to Stay Proceedings Pending Criminal
Disposition (ECF No. 37) should be and hereby is GRANTED. 	The instant case is hereby
STAYED AND ADMINISTRATIVELY TERMINATED during the pendency of Plaintiff’s
criminal appeal and requests for post-conviction relief. Further, Plaintiff is admonished to wait
until his state criminal proceedings are complete in all respects before he seeks leave to reopen
this case.
IT IS SO ORDERED, this 13th day of May, 2025.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
1See https://caseinfonew.arcourts.gov/opad/case/06CR-22-25 (last accessed May 12, 2025).
2See https://caseinfonew.arcourts.gov/opad/case/06CR-22-25 (last accessed May 12, 2025).
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