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)

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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 -2- I

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