Nalls v. Russell et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; re 7 Report and Recommendations; denying 1 Motion for Leave to Proceed in forma pauperis; Complaint 1 dismissed; pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) dismissal also constitutes a strike under 28 U.S.C. § 1915(g); Clerk is directed to place a § 1915(g) strike flag on the case. Signed by Honorable Susan O. Hickey on October 30, 2012. (cnn)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
REGINALD NALLS
v.

PLAINTIFF
Civil No. 1:12-cv-01039

SCOTT RUSSELL; SHELBI
HUGHES; and CHAD COULTER

DEFENDANTS

ORDER
Before the Court is the Report and Recommendation filed October 9, 2012 by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 7). Judge Bryant has examined Plaintiff’s Motion for Leave to Proceed In Forma
Pauperis (“IFP”). (ECF No. 1). Judge Bryant recommends that the motion be denied. Petitioner
has not filed an objection to Judge Bryant’s report, and the time for doing so has passed. After
conducting a de novo review of the record, the Court adopts Judge Bryant’s Report and
Recommendation as its own.
Judge Bryant reviewed Plaintiff’s IFP application and found that Plaintiff’s economic
situation warranted IFP status. Pursuant to 28 U.S.C. § 1915, Judge Bryant then reviewed
Plaintiff’s Complaint to determine whether it stated a claim upon which relief may be granted.
Judge Bryant concluded that Plaintiff’s Complaint failed to state a claim for relief. The Court
agrees.
In his Complaint, Plaintiff alleges that his indictment, conviction, and imprisonment were
illegal, and he brings this claims under 42 U.S.C. § 1983. To recover under § 1983 for an
unconstitutional conviction or imprisonment, a plaintiff must show that his conviction or

sentence has been reversed or declared invalid. Heck v. Humphry, 512 U.S. 477, 486-87 (1994).
Plaintiff makes no such assertion here. Without alleging such facts, Plaintiff is not entitled to
relief.
Accordingly, the Court adopts Judge Bryant’s Report and Recommendation in its
entirety. For the reasons state above, and those in Judge Bryant’s report, Plaintiff’s Motion for
Leave to Proceed In Forma Pauperis (ECF No. 1) is DENIED, and the case is DISMISSED
pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). The dismissal of this action also constitutes a “strike”
under 28 U.S.C. § 1915(g). Therefore, the Clerk is directed to place a § 1915(g) strike flag on the
case.
IT IS SO ORDERED, this 30th day of October, 2012.
/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District Judge