McVickers v. Rogers et al

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS 5 ; complaint dismissed as frivolous, for failing to state a claim upon which relief may be granted and for seeking relief against a Defendant who is immune from suit re 28:1915(e)(2)(B)(i)- (iii). Signed by Honorable Harry F. Barnes on October 7, 2008. (cnn)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION

LONNIE McVICKERS

PLAINTIFF

VS.

CASE NO. 08-CV-1053

JEFFREY C. ROGERS, Prosecuting Attorney; and ROBERT JEFFERICE, Public Defender

DEFENDANTS

ORDER Before the Court is the Report and Recommendation filed herein on September 11, 2008, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. No. 5). Ten (10) days have passed without objections being filed by the parties. The Court hereby adopts in toto the Magistrate Judge's findings and recommendations. Accordingly, the Court finds that the Plaintiff's Complaint should be and hereby is dismissed as frivolous, for failing to state a claim upon which relief may be granted and for seeking relief against a Defendant who is immune from suit. See 28 U.S.C. § 1915(e)(2)(B)(i)(iii). IT IS SO ORDERED, this 7th day of October, 2008.

/s/Harry F. Barnes Hon. Harry F. Barnes United States District Judge