Ferrell v. ORCU

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
JAMES FERRELL 	PLAINTIFF
v. 	Case No. 6:25-cv-06138
ORCU; and ANTONIO HICKS 	DEFENDANTS
ORDER
Before the Court is a Report and Recommendation filed on February 17, 2026, by the
Honorable Mark E. Ford, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 16). 	Judge Ford conducted a preservice screening of Plaintiff’s Amended Complaint
and now recommends that Plaintiff’s Amended Complaint be dismissed for failure to state a claim
upon which relief may be granted pursuant to 28 U.S.C. § 1915A(b)(1). Specifically, Judge Ford
finds that the Arkansas Division of Correction Ouachita River Unit (“ORCU”)1 is not a person or
a legal entity subject to suit under § 1983, that Plaintiff makes no factual allegations against
Defendant Antonio Hicks, and that Plaintiff fails to state a denial of medical care claim. (ECF No.
16, at 3-5).
Plaintiff has not filed objections to the Report and Recommendation, and the time to object
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. 16) in toto. Accordingly, the Court finds that Plaintiff’s Amended Complaint should be
and hereby is DISMISSED WITHOUT PREJUDICE. The Clerk is DIRECTED to place a §
1915(g) strike flag on the case for future judicial consideration. The Court certifies pursuant to 28
1 Plaintiff identifies “ORCU P.O Box 1630 Malvern AR 72104 medical” as the Defendant for his first claim. (ECF
No. 11, at 3).
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U.S.C. § 1915(a)(3) that any appeal from this dismissal would not be taken in good faith.
IT IS SO ORDERED, this 10th day of April, 2026.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge
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