Riemer v. Cantrell et al

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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
THOMAS MATTHEW RIEMER 	PLAINTIFF
V. 	CASE NO. 5:23-CV-05161
UNITED STATES MARSHALS SERVICE;
KARAS CORRECTIONAL HEALTH SERVICES;
SHERIFF JAY CANTRELL, Washington County,
Arkansas; and DEPUTY CODY REX 	DEFENDANTS
ORDER
Now pending before the Court is a Report and Recommendation (“R&R”) (Doc.
52) filed on April 16, 2024, by the Honorable Christy Comstock, United States Magistrate
Judge for the Western District of Arkansas. On April 29, 2024, Plaintiff Thomas Matthew
Riemer notified the Court of a change of address. See Doc. 55. After verifying that the
Clerk had mailed Mr. Riemer another copy of the R&R, the Court extended the deadline
to file objections to May 20, 2024. See Doc. 56. On the new deadline, the Court received
another request from Mr. Riemer for more time to file objections. See Doc. 59. The Court
granted the request the same day and set a new objection deadline of June 17, 2024.
See Doc. 60. In the text-only Order setting the new deadline, the Court warned Mr. Riemer
that 	it 	“d[id] 	not 	anticipate 	granting 	any 	further 	extensions 	absent 	a 	showing 	of
extraordinary good cause.” Id.
On May 28, 2024, Mr. Riemer filed a document titled, “Motion for Abatement of
Proceedings.” 	(Doc. 	61). 	The 	filing 	referenced 	the 	pending 	motion 	for 	summary
judgment—not the R&R or the motions discussed in the R&R. Magistrate Judge
Comstock entered an Order (Doc. 63) extending Mr. Riemer’s deadline to respond to the
motion for summary judgment; she did not extend the deadline to file objections to the
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R&R. The objection deadline has now passed, and no objections were filed. Considering
the procedural history outlined above, the Court conducted a de novo review of the entire
case file, with a particular focus on the briefing on the motions that are discussed in the
R&R. The Court agrees with the Magistrate Judge’s reasoning and recommendation.
IT IS THEREFORE ORDERED that the R&R (Doc. 52) is ADOPTED IN FULL.
IT 	IS 	FURTHER 	ORDERED 	that 	Plaintiff 	Riemer’s 	Motion 	for 	Temporary
Restraining Order (Doc. 39) is DENIED.
IT IS FURTHER ORDERED that Defendant United States Marshals Service’s
Motion to Dismiss (Doc. 36) is GRANTED, and the Clerk of Court is DIRECTED to
terminate the Marshals Service as a defendant to this action.
IT IS SO ORDERED on this 18th day of June, 2024.
/s/ Timothy L. Brooks____________
TIMOTHY L. BROOKS
UNITED STATES DISTRICT JUDGE
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