Evans v. Fitzhugh et al

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 4 , and Plaintiff's case is dismissed. Signed by Honorable Robert T. Dawson on May 12, 2009. (sh)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION DAVID RAY EVANS v. Case No. 07-2040 PLAINTIFF JUDGE J. MICHAEL FITZHUGH, Circuit Judge; CLAIRE LOUISE BORENGASSER, Senior Deputy Prosecutor and UNITED STATES MAGISTRATE JUDGE JAMES R. MARSCHEWSKI ORDER Now on this 12th day of May 2009, there DEFENDANTS comes on for consideration the report and recommendation filed herein on April 20, 2009, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. 4). Also before the Court are Plaintiff's written objections (Doc. 5). The court has reviewed this case de novo and, being well and sufficiently advised, finds as follows: The report and recommendation is proper and should be and hereby is adopted in its entirety. Accordingly, Plaintiff's Complaint is DISMISSED on the grounds that the claims are frivolous, asserted against individuals who are immune from suit, or fail to state claims on which relief can be granted. See 28 U.S.C. 1915(e)(2)(B)(i)-(iii)(IFP action may be dismissed on such grounds at any time). IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

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