Ketcher v. White et al

5:24-cv-05090ArwdApr 22, 2025

Full text

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
JARROD KETCHER 	PLAINTIFF
V. 	CASE NO. 5:24-CV-5090
DEPUTY WHITE and DEPUTY VENASULA 	DEFENDANTS
ORDER
Now before the Court is the Report and Recommendation (Doc. 33) of the
Honorable Mark E. Ford, United States Magistrate Judge for the Western District of
Arkansas. Fourteen days have passed, and neither party has filed objections.
Accordingly, 	the 	Court 	ADOPTS 	the 	Report 	and 	Recommendation 	IN 	ITS
ENTIRETY. IT IS ORDERED that Plaintiff’s claims are dismissed for failure to prosecute
this action and for failure to comply with the Court’s Orders. Specifically, Plaintiff’s
claims of excessive force which allegedly occurred in the hallway of the Benton County
Detention Center and are the subject of Defendants’ Partial Motion for Summary
Judgment are DISMISSED WITH PREJUDICE due to: (1) the Defendants’ expenditure
of resources in discovery and filing of the Partial Motion for Summary Judgment, and (2)
Plaintiff’s 	repeated failure 	to comply 	with the 	Court’s 	Orders. Plaintiff’s 	claims of
excessive force which occurred inside his cell and are not addressed in Defendants’
Partial Motion for Summary Judgment are DISMISSED WITHOUT PREJUDICE, as the
Court cannot determine that Plaintiff willfully failed to prosecute this claim.
IT IS SO ORDERED on this 22nd day of April, 2025.
/s/ Timothy L. Brooks
TIMOTHY L. BROOKS
UNITED STATES DISTRICT JUDGE
Case 5:24-cv-05090-TLB Document 35 Filed 04/22/25 Page 1 of 1 PageID #:
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