Harmon v. Youngman et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
SETH ALLYN HARMON 	PLAINTIFF
v. 	Case No. 6:24-cv-06109
OFFICER CAMERON YOUNGMAN;
OFFICER ZANE ROGERS; and
SHERIFF SCOTT FINKBEINER,
Hot Spring County, Arkansas 	DEFENDANTS
ORDER
Before the Court is the Report and Recommendation filed October 9, 2024, by the
Honorable Mark E. Ford, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 9). 	Judge Ford recommends that: (1) Plaintiff Seth Allyn Harmon’s (“Plaintiff”)
official capacity claims against Defendants Cameron Youngman (“Defendant Youngman”) and
Zane Rogers (“Defendant Rogers”) be dismissed without prejudice; (2) that Plaintiff’s individual
capacity claim against Defendant Youngman and Defendant Rogers remain for further review;
(3) that Plaintiff’s claim against Defendant Scott Finkbeiner (“Defendant Finkbeiner”) be
dismissed with prejudice; and (4) that Defendant Finkbeiner be terminated from the case as a
party.
Plaintiff has not responded to the Report and Recommendation, 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 Ford’s reasoning is sound, the Court adopts the Report and Recommendation
(ECF No. 9) in toto. 	Accordingly, Plaintiff’s official capacity claims against Defendant
Youngman and Defendant Rogers are hereby DISMISSED WITHOUT PREJUDICE, while
Plaintiff’s individual capacity claim against Defendant Youngman and Defendant Rogers shall
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remain for further review. 	Further, Plaintiff’s claim against Defendant Finkbeiner is hereby
DISMISSED WITH PREJUDICE and Defendant Finkbeiner is terminated from this case as a
party.
IT IS SO ORDERED, this 1st day of November, 2024.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
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