Hicks v. Curry et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
KERRY M. HICKS 	PLAINTIFF
V. 	CASE NO. 2:24-CV-2140
JESSIE CURRY; JOHN DOE I;
JOHN DOE II; CITY OF MENA, ARKANSAS;
and SETH SMITH 	DEFENDANTS
ORDER
Now before the Court is the Report and Recommendation (Doc. 9) of the
Honorable Mark E. Ford, United States Magistrate Judge for the Western District of
Arkansas. On January 6, 2025, Plaintiff Kerry M. Hicks filed an Objection (Doc. 11) to
the Report and Recommendation’s “subjective presentation of the facts of the case.”
Plaintiff 	believes 	the 	Report 	and 	Recommendation 	unfairly 	and 	inaccurately
characterizes the facts in the Complaint and that he has stated plausible claims.
The Court reviewed the twelve-page Complaint de novo in accordance with 28
U.S.C. § 636(b) and finds that the Report and Recommendation accurately summarizes
Plaintiff’s claims. The Objection is therefore OVERRULED. The Court agrees with the
Magistrate Judge’s legal analysis and ADOPTS the Report and Recommendation IN
ITS ENTIRETY. Accordingly, upon preservice screening, IT IS ORDERED that the case
is DISMISSED WITHOUT PREJUDICE for the reasons stated in the Report and
Recommendation.
IT IS SO ORDERED on this 6th day of January, 2025.
/s/ Timothy L. Brooks
TIMOTHY L. BROOKS
UNITED STATES DISTRICT JUDGE
Case 2:24-cv-02140-TLB Document 13 Filed 01/06/25 Page 1 of 1 PageID #:
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