Opinion
Civil Action 3:23-CV-1204
06-28-2024
JAMES A. HOOK, Plaintiff, v. PIKE COUNTY, et al.. Defendants.
Carlson Magistrate Judge
ORDER
ROBERT D. MARIANI UNITED STATES DISTRICT JUDGE
AND NOW, THIS 21th DAY OF JUNE, 2024, upon de novo review of Magistrate Judge Martin C. Carlson's Report & Recommendation (“R&R”) (Doc. 42), Plaintiff James A. Hook's Objections to the R&R (Doc. 44), and all other relevant documents, for the reasons explained in the accompanying Memorandum Opinion, IT IS HEREBY ORDERED THAT:
1. Plaintiff's Objections (Doc. 44) are OVERRULED;
2. The R&R (Doc. 42) is ADOPTED AS MODIFIED for the reasons discussed therein;
3. Plaintiff's Motion to Appoint Guardian Ad Litem (Doc. 41) is DENIED;
4. Defendants' Motion to Dismiss (Doc. 31) is GRANTED IN PART as to Hook's claims for declaratory or injunctive relief;
5. Plaintiff's Complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE as to his claims for declaratory and injunctive relief;
6. Plaintiff's Complaint (Doc. 1) is STAYED as to Hook's claims for monetary relief pending the resolution of Hook's ongoing criminal and familial proceedings.
7. The Clerk of Court is directed to CLOSE the case for statistical purposes only.
Within 60 days of the termination of Plaintiff's criminal and familial proceedings, Plaintiff shall file a status update indicating whether he would like for the case to proceed as to his claims for monetary relief.