Irvin v. Hendrix et al

Filing 5

ORDER adopting #3 Recommendation. #4 Motion to Amend is denied, and #1 Motion for leave to proceed in forma pauperis denied as moot. The petition will be dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 1/7/2019. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
JERMAINE DUANE IRVIN
Reg. #45966-177

v.

PETITIONER

No. 2:18-cv-179-DPM

DEWAYNE HENDRIX, Warden, FCIForrest City Medium; GENE BEASLEY,
Former Warden, Federal Bureau of Prisons;
C.V. RIVERA, Former Warden, Federal Bureau
Of Prisons; S. ROBERTS, Inmate Records
Supervisor, Forrest City Correctional Complex Medium; DEE ANDERSON, Sheriff, Tarrant
County Texas; JOSHUA BURGESS, Assistant
U.S. Attorney, Department of Justice, Fort
Worth Division; SHAWN SMITH, Assistant
U.S. Attorney, Department of Justice, Fort
Worth Division; and JEFF SESSION, U.S.
Attorney General

RESPONDENTS

ORDER
On de nova review, the Court adopts the recommendation, NQ 3,
and overrules Irvin's objection, NQ 4.

FED.

R. CIV. P. 72(b)(3). Irvin's

claim would fare no better as a Bivens claim. E.g., Clay v. Missouri, 2014
WL 260097 (E.D. Mo. 2014). His motion to amend, NQ 4, is therefore
denied.

The petition will be dismissed without prejudice.

Irvin's

motion for leave to proceed in forma pauperis, NQ 1, is denied as moot.

So Ordered.
(/

D .P. Marshall Jr.
United States District Judge
U

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