Lumley v. Seratt et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
RYAN ANDREW LUMLEY 	PLAINTIFF
V. 	CASE NO. 5:24-CV-5252
OFFICER H. SERATT, Fayetteville Police Department (“FPD”);
OFFICER BENJAMIN JAMES BRIXEY, FPD;
OFFICER KEENAN JAMAL ROBINSON, FPD;
OFFICER JOSEPH BELL HALL, III, FPD;
and STATE OF ARKANSAS 	DEFENDANTS
ORDER
Now before the Court is the Report and Recommendation (Doc. 7) of the
Honorable Christy Comstock, United States Magistrate Judge for the Western District of
Arkansas. More than fourteen days have passed, and no party filed objections.
The Court has reviewed this case and, being well and sufficiently advised, finds
as follows: the Report and Recommendation is proper and is hereby ADOPTED IN ITS
ENTIRETY. Accordingly, upon preservice screening pursuant to 28 U.S.C. § 1915A, IT
IS ORDERED that: (1) Plaintiff’s claims against Defendants Seratt, Brixey, Robinson,
and Hall in their individual capacities for their purported use of excessive force against
him during his March 11, 2022, arrest (claim one) WILL PROCEED; (2) all other claims
are DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief
may be granted, see 28 U.S.C. § 1915A(b)(1); and (3) the State of Arkansas is
TERMINATED as a defendant to this action.
IT IS SO ORDERED on this 26th day of February, 2025.
/s/ Timothy L. Brooks
TIMOTHY L. BROOKS
UNITED STATES DISTRICT JUDGE
Case 5:24-cv-05252-CDC Document 11 Filed 02/26/25 Page 1 of 1 PageID #:
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