Manohar v. Arkansas, State of et al

Filing 4

ORDER dismissing Manohar's Amended Complaint sua sponte for failure to state a claim upon which relief may be granted. Signed by Chief Judge Brian S. Miller on 10/9/2014. (jak)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION LAKHRAJ MANOHAR v. PLAINTIFF CASE NO: 3:14CV00218 BSM STATE OF ARKANSAS, et. al. DEFENDANTS ORDER Plaintiff Lakhraj Manohar’s amended complaint is dismissed sua sponte for failure to state a claim. A court must dismiss a complaint if the prisoner has raised claims that: (a) are legally frivolous or malicious; (b) fail to state a claim upon which relief may be granted; or (c) seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b). A pro se complaint must be given the benefit of a liberal construction. See Haines v. Kerner, 404 U.S. 519, 520 (1972). Manohar’s amended complaint states a claim against Judge Keith Blackman for actions taken while acting in his judicial capacity. Judge Blackman, however, is absolutely immune for actions undertaken in his judicial capacity. Forrester v. White, 484 U.S. 219, 227-229 (1988). Manohar’s amended complaint also lists Jonesboro Police Officer Robinson as a defendant but fails to cite any action taken by Robinson. Therefore, even given liberal construction, Manohar’s amended complaint is dismissed sua sponte for failure to state a claim upon which relief may be granted. IT IS SO ORDERED this 9th day of October 2014. ________________________________ UNITED STATES DISTRICT JUDGE

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