Maskell v. Green et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
ADAM MASKELL 	PLAINTIFF
v. 	Case No. 1:23-cv-1064
DEPUTY ANDY GREEN, et al. 	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. 22.
Judge Bryant recommends that the Court should abstain from this matter pursuant to Younger v.
Harris, 401 U.S. 37 (1971), dismiss Plaintiff’s case without prejudice, and inform Plaintiff that he
may refile this matter after his state court criminal proceedings have concluded.0F
1
Plaintiff and Defendants filed timely objections. 	However, Plaintiff’s objections never
address the basis of Judge Bryant’s reasoning and presents arguments regarding his currently
pending state court proceedings. ECF No. 23. As to Defendants, they agree with Judge Bryant’s
conclusion regarding abstention but request that the matter be dismissed with prejudice and
Defendants be awarded costs and attorney’s fees. ECF No. 24. The Court does not view Plaintiff
or Defendants’ objections as specifically contesting Judge Bryant’s reasoning regarding his
recommendation of abstention.
Upon review, finding that there is no clear error on the face of the record and that Judge
Bryant’s conclusion is sound, the Court adopts Judge Bryant’s R&R (ECF No. 22) in toto. See
Griffini v. Mitchell, 31 F.3d 690, 692 (8th Cir. 1994) (noting that specific objections shift a court’s
1 While Judge Bryant’s R&R initially recommends that Defendant’s Motion for Judgment on the Pleadings (ECF No.
16) be granted, he ultimately concludes that the Court should abstain from this matter and dismiss Plaintiff’s case so
that Plaintiff’s state court criminal proceedings may conclude.
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review from one which scrutinizes for plain error to one in which the issues are reviewed de novo);
and see 28 U.S.C. § 636(b)(1). 	Accordingly, Plaintiff’s claims are hereby DISMISSED
WITHOUT PREJUDICE. 	Plaintiff may seek relief for his claims in this Court upon the
conclusion of his state court criminal proceedings. 	The Court declines to award Defendants
attorney’s fees and costs.
IT IS SO ORDERED, this 10th day of January, 2024.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
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