Batemon v. Arkansas, State of et al

Filing 15

ORDER denying [] Motion for Reconsideration re 9 Order Adopting Report and Recommendations. Signed by Judge Brian S. Miller on 2/16/10. (bkp)

IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS P I N E BLUFF DIVISION B IL L Y C. BATEMON v. Case No. 5:10-CV-00010 BSM DEFENDANTS ORDER P l a in tif f Billy C. Batemon asks for reconsideration of the February 3, 2010 order a d o p tin g the partial report and recommendations of Magistrate Judge H. David Young (Doc. N o . 14). Batemon's motion is denied. The dismissal of Batemon's complaint against the s ta te of Arkansas and the Tri-County Drug Task Force was appropriate because these d e f e n d a n ts are not "persons" within the meaning of 42 U.S.C. § 1983. They are thus not s u b je c t to suit. Further, suit against these parties under Section 1983 is precluded by the E le v e n th Amendment to the United States Constitution. IT IS SO ORDERED this 16th day of February, 2010. P L A IN T IF F

S T A T E OF ARKANSAS, et al.

________________________________ U N IT E D STATES DISTRICT JUDGE