Lewis v. Arkansas, State of et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
DESTIN ALLEN LEWIS 	PETITIONER
V. 	CASE NO. 5:25-CV-5117
STATE OF ARKANSAS and BENTON COUNTY 	RESPONDENTS
ORDER
On February 2, 2026, the Honorable Christy Comstock, United States Magistrate
Judge for the Western District of Arkansas, filed a Report and Recommendation (“R&R”)
(Doc. 50) explaining why Destin Allen Lewis’s Complaint for Declaratory Judgment (Doc.
3) should be dismissed. On February 24, 2026, Mr. Lewis filed Objections to the R&R
(Doc. 53), and the Court reviewed the case de novo. Mr. Lewis’s Objections offer no
excuse for failing to fill out a § 2254 petition as ordered by the Court. Instead, he
stubbornly insists that he is right (and the Court is wrong) that he may challenge the
validity and/or duration of his state confinement under the Declaratory Judgment Act—as
alleged in his Complaint. For the reasons stated in the R&R, the Court disagrees. The
challenge must be brought under § 2254. Mr. Lewis was given multiple opportunities and
clear directions on amending his claim and filing a § 2254 petition—but he refused.
IT IS ORDERED that the Objections are OVERRULED and the R&R is ADOPTED
IN ITS ENTIRETY. The case is DISMISSED.
IT IS SO ORDERED on this 2nd day of March, 2026.
/s/ Timothy L. Brooks
TIMOTHY L. BROOKS
CHIEF UNITED STATES DISTRICT JUDGE
Case 5:25-cv-05117-TLB Document 55 Filed 03/02/26 Page 1 of 1 PageID #:
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