4:24-cv-04054•Mendoza v. Ross et al
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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION SANTOS GERARDO MENDOZA a/k/a SANTOS GERARDO MEDOZA CASTELLON PLAINTIFF v. Case No. 4:24-cv-4054 LIEUTENANT ROSS, Hempstead County Detention Center (HCDC); JAILER MCMORES, HCDC; SERGEANT HEARTMAN, HCDC; JAILER PINDERGRAS, HCDC; SERGEANT CATO, HCDC; JAILER BLAND, HCDC; JAILER GOLD HINSON, HCDC; BOOKING STAFF MACHO, HCDC; BOOKING STAFF STACEY, HCDC; BOOKING STAFF ROBINSON, HCDC; BOOKING STAFF TARPLER, HCDC; and BOOKING STAFF MAXFIELD, HCDC DEFENDANTS ORDER Before the Court is a Report and Recommendation (“R&R”) issued by the Honorable Christy D. Comstock, United States Magistrate Judge for the Western District of Arkansas. ECF No. 22. Upon preservice screening of Plaintiff’s Second Amended Complaint (ECF No. 18) pursuant to 28 U.S.C. § 1915A(b), Judge Comstock recommends that Plaintiff’s claims, all made pursuant to 42 U.S.C. § 1983, be dismissed for being barred by the applicable statute of limitations. Judge Comstock notes that all allegations involve actions taken more than eight years prior to filing this action and that the relevant statute of limitations for § 1983 claims is three years. Judge Comstock further recommends that the Clerk be directed to place a § 1915(g) strike flag on the case for future judicial consideration, and that the Court certify pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this dismissal would not be taken in good faith. Plaintiff has not objected to the R&R, and the time to do so has passed. See 28 U.S.C. § 636(b)(1). Upon review, finding no clear error on the face of the record and that Judge Comstock’s Case 4:24-cv-04054-SOH Document 27 Filed 02/14/25 Page 1 of 2 PageID #: <pageID>
2 reasoning is sound, the Court adopts the R&R (ECF No. 22) in toto. Plaintiff’s Second Amended Complaint (ECF No. 18) is hereby DISMISSED WITH PREJUDICE. The Clerk is directed to place a § 1915(g) strike flag on the case for future judicial consideration. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this dismissal would not be taken in good faith. IT IS SO ORDERED, this 14th day of February, 2025. /s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge Case 4:24-cv-04054-SOH Document 27 Filed 02/14/25 Page 2 of 2 PageID #: <pageID>
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