Anderson v. Simpson et al

Filing 92

ORDER adopting 86 Recommendation and overruling Anderson's 87 & 91 objections. 68 Motion to dismiss is granted. Anderson's individual capacity claims against Simpson and Allen will be dismissed with prejudice. Anderson's other motions, No. 80 , 85 , 88 , & 89 , are denied without prejudice as moot. An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 9/6/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
THEODORE ANDERSON
ADC# 138956

v.

PLAINTIFF

No. 5:16-cv-91-DPM

CHRISTIE A. SIMPSON, Sergeant,
Varner Unit, ADC; and VERGIE ALLEN,
Mail Room Lady

DEFENDANTS

ORDER
On de nova review, the Court overrules Anderson's objections, NQ87 &

91, and adopts the Magistrate Judge's recommendation, NQ 86.

FED.

R. Crv.

P. 72(b) (3). Anderson's access-to-court claim arising from his lost petition for
rehearing fails as a matter of law because the claim's legal premise is
mistaken. Nothing in the evolving Arkansas statutes undermined the circuit
court's subject matter jurisdiction in the State's prosecution of Anderson. The

motion to dismiss, Ng 68, is therefore granted. Anderson's individual capacity
claims against Simpson and Allen will be dismissed with prejudice.
Anderson's other motions, Ng 80, 85, 88, & 89, are denied without prejudice
as moot. An in forma pauperis appeal from this Order and accompanying
Judgment would not be taken in good faith. 28 U.S.C. § 1915(a)(3).

So Ordered.

D.P. Marshall1r.
United States District Judge

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