Knapp v. O'Guin

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
ANTHONY CHARLES KNAPP 	PLAINTIFF
v. 	Case No. 4:23-cv-04118
ARKANSAS DEPARTMENT OF
CORRECTIONS; and BARBARA O’GUIN 	DEFENDANTS
ORDER
Before the Court is a Report and Recommendation issued by the Honorable Barry A. Bryant,
United States Magistrate Judge for the Western District of Arkansas. 	ECF No. 10. 	Judge Bryant
recommends that all claims against Defendant Arkansas Department of Corrections and all official
capacity claims against Defendant O’Guin be dismissed pursuant to 28 U.S.C. § 1915A(b)(1) for
failure to state a claim upon which relief may be granted. 	Judge Bryant further recommends that
Plaintiff’s individual capacity claims against Defendant O’Guin be allowed to proceed.
Plaintiff has not filed an objection to the Report and Recommendation, and the time to do so
has passed. See 28 U.S.C. § 636(b)(1). Upon review, finding that there is no clear error on the face
of the record and that Judge Bryant’s reasoning is sound, the Court adopts the Report and
Recommendation (ECF No. 10) in toto. 	All claims against Defendant Arkansas Department of
Corrections and all official capacity claims against Defendant O’Guin are hereby DISMISSED
WITHOUT PREJUDICE. Further, Plaintiff’s individual capacity claims against Defendant O’Guin
may proceed with service of process on Defendant O’Guin.
IT IS SO ORDERED, this 9th day of April, 2024
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
Case 4:23-cv-04118-SOH Document 19 Filed 04/09/24 Page 1 of 1 PageID #:
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