Qualls v. Ahrens et al

Filing 8

ORDER adopting 5 Report and Recommendations in their entirety; therefore, Pltf's complaint is DISMISSED WITHOUT PREJUDICE for failing to state an actionable claim; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 6/9/09. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION DONNIE JAY QUALLS V. 4:09CV00313 SWW/JTR PLAINTIFF

JODI AHRENS, Registered Nurse, Ozark Counseling Service; and LINDA PARKER, Chief Psychiatrist, Arkansas State Hospital ORDE R

DEFENDANTS

The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering these documents and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects.1 IT IS THEREFORE ORDERED THAT: 1. Plaintiff's § 1983 Complaint is DISMISSED, WITHOUT PREJUDICE, for failing

to state a claim upon which relief may be granted. See 28 U.S.C. § 1915(e)(2). 2. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order and the accompanying Judgment would not be taken in good faith. Dated this 9th day of June, 2009.

The Court notes that Plaintiff filed almost identical claims against the defendants named here in the United States District Court for the Western District of Arkansas. See Qualls v. Arkansas, 2008 WL 2813328 (W.D. Ark.). The district court dismissed Plaintiff's claims as barred under Heck v. Humphrey, 512 U.S. 477 (1994) and for failure to state a claim, Plaintiff appealed, and the Eighth Circuit entered a judgement summarily affirming the district court. Qualls v. State of Arkansas, No. 08-3231 (8th Cir. February 26, 2009)(judgment summarily affirming dismissal).

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/s/Susan Webber Wright UNITED STATES DISTRICT JUDGE