Rose v. Osceola Arkansas, City of et al

Filing 9

ORDER dismissing Rose's claims without prejudice. Signed by Judge J. Leon Holmes on 5/6/2014. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION GREGORY ROSE v. PLAINTIFF NO. 3:14CV00034 JLH CITY OF OSCEOLA, et al. DEFENDANTS ORDER Plaintiff Gregory Rose, an inmate at the Mississippi County Detention Facility, filed this lawsuit pro se under 42 U.S.C. § 1983. Because Rose’s complaint was deficient, the Court provided Rose thirty days to amend his complaint to remedy the defects identified by the Court. Document #5. Although Rose filed a response to the Court’s order, he has not stated a constitutional claim. Document #8. First, general claims of harassment are not actionable under § 1983. McDowell v. Jones, 990 F.2d 433, 434 (8th Cir. 1993). Further, Rose may not pursue his claim that he was falsely arrested under § 1983 until the conviction or sentence has been reversed, expunged, declared invalid, or called into question by a federal habeas action. Heck v. Humphrey, 512 U.S. 477 (1994). Finally, it is well settled that judges are entitled to absolute immunity from suit for actions taken in their judicial capacity. Martin v. Hendren, 127 F.3d 720, 721 (8th Cir. 1997); Brown v. Griesenauer, 970 F.2d 431, 435 (8th Cir.1992). Rose’s claims are DISMISSED, without prejudice. IT IS SO ORDERED this 6th day of May, 2014. __________________________________ UNITED STATES DISTRICT JUDGE

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