Smith v. Cox et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
LEARBURY SHUNDRELL SMITH 	PLAINTIFF
v. 	Case No. 4:24-cv-4083
SHERIFF JEFF BLACK; DEPUTY SHERIFF
CODY HENSLEY; JAIL ADMINISTRATOR
RAMI COX; CORRECTIONAL OFFICER
SHANE BERRYMAN; CORRECTIONAL OFFICER
JESSICA WISE; POLICE OFFICER EDDIE WISE;
DR. DAVIS; and DEPUTY SHERIFF CULLEN MATLOCK 	DEFENDANTS
ORDER
Before the Court is the Report and Recommendation filed September 13, 2024, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF
No. 9. Judge Bryant recommends that all claims against Defendants Jeff Black, Cody Hensley, Jessica
Wise, and Eddie Wise be dismissed. Judge Bryant further recommends that Plaintiff’s official capacity
claims be dismissed. No party has filed objections to the Report and Recommendation, and the time
to object has passed. 	See 28 U.S.C. § 636(b)(1). 	Therefore, the Court adopts the Report and
Recommendation (ECF No. 9) in toto. Accordingly, all claims against Defendants Jeff Black, Cody
Hensley, Jessica Wise, and Eddie Wise are DISMISSED WITHOUT PREJUDICE for failure to
state a claim upon which relief may be granted. 	Further, Plaintiff’s official capacity claims are
DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief may be granted.
Plaintiff’s excessive force claim against Defendants Shane Berryman, Rami Cox, and Cullen Matlock
and Plaintiff’s denial of medical care claim against Defendants Rami Cox and Dr. Davis remain for
further litigation.
IT IS SO ORDERED, this 10th day of October, 2024.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
Case 4:24-cv-04083-SOH Document 13 Filed 10/10/24 Page 1 of 1 PageID #:
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