Opinion

Franklin

Court
District Court, W.D. Arkansas
Filed
Nov 10, 2025
Cited by
0 cases
Authority
More cited than 36.8%

The opinion

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

FORT SMITH DIVISION

RICKY LEE FRANKLIN PLAINTIFF

V. CASE NO. 2:25-CV-2127

ALEX SELKIRK;

OFFICER TIM DAVID GOSSETT

(Greenwood Police Department);

CHIEF OF POLICE BRAD CARL HOBBS

(Greenwood Police Department);

TRAVIS PLUMMER (City Attorney);

DOUG KINSLOW (Mayor of Greenwood); and

POLICE OFFICER AYDEN BROWN

(Greenwood Police Department) DEFENDANTS

ORDER

Before the Court is the Report and Recommendation (“R&R”) (Doc. 8) filed in this

case on October 21, 2025, by the Honorable Mark E. Ford, United States Magistrate

Judge for the Western District of Arkansas. On preservice screening of the Complaint,

see 28 U.S.C. § 1915A, Magistrate Judge Ford recommends that all causes of action be

stayed and that the Court abstain from ruling pursuant to the doctrine set forth in Younger

v. Harris, 401 U.S. 37 (1971). On October 27, 2025, Plaintiff filed Objections to the R&R,

and the Court undertook a de novo review of the entire record.

Plaintiff’s Objections do not engage with the R&R’s reasoning. Instead, Plaintiff

merely expresses confusion as to why his claims must be stayed while his state court

case is ongoing. The reason is that all claims filed in this Court are intertwined with the

state criminal case. The Court agrees with the Magistrate Judge that the case at bar does

not present any extraordinary circumstances that suggest the Court should interfere with

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the state case. Moreover, the federal claims asserted here are capable of being raised in

the state case. Accordingly, it is appropriate for this Court to stay the federal claims

pending final adjudication of the state appeal. The Objections are therefore

OVERRULED.

IT IS ORDERED that the R&R is ADOPTED IN ITS ENTIRETY. The Clerk of Court

is DIRECTED to STAY and ADMINISTRATIVELY TERMINATE this case pending the

outcome of the appeal in 66GCR-25-112, City of Greenwood v. Ricky Lee Franklin.

Plaintiff is DIRECTED to immediately inform the Court when the state proceeding has

concluded.

IT IS SO ORDERED on this 10th day of November, 2025.

/s/ Timothy L. Brooks__________________

TIMOTHY L. BROOKS

CHIEF UNITED STATES DISTRICT JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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