Brown v. State of Arkansas

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 14 and plaintiff's claims against Craig Manus, Sebastian County, State of Arkansas, Leroy Brownlee and Fort Smith, City of are dismissed on the grounds the claims are frivolous, seek damages from immune defendants, and fail to state claims upon which relief can be granted; further plaintiff's claims against Corporal Hicks and Detective Samson remain. Signed by Honorable Robert T. Dawson on June 4, 2009. (rw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION RONALD FAY BROWN V. Civil No. 08-2102 PLAINTIFF STATE OF ARKANSAS, Circuit Court Judicial System (Prosecutor's Office); CITY OF FORT SMITH, ARKANSAS; SEBASTIAN COUNTY, ARKANSAS; CORPORAL HICKS, Sebastian County Adult Detention Center; CRAIG MANUS, Parole Officer, Department of Community Corrections; DETECTIVE SAMSON, Fort Smith Police Department and LEROY BROWNLEE, Chairman, Arkansas Parole Board ORDER On this 4th day of June 2009, there DEFENDANTS comes on for consideration the report and recommendation filed in this case on March 27, 2009, by the Honorable James R. Marschewski, United States Magistrate for the Western District of Arkansas. 14). (Doc. No objections were filed to the report and recommendation. The court has reviewed this case 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. events that Accordingly, Plaintiff's claims stemming from occurred prior to September 18, 2005, and Plaintiff's claims against the State of Arkansas Circuit Court Judicial System, Craig Manus, and Leroy Brownlee are DISMISSED on the grounds the claims are frivolous, seek damages from AO72A (Rev. 8/82) immune defendants, and fail to state claims upon which relief can be granted. See 28 U.S.C. 1915(e)(2)(B)(i)-(iii)(in forma pauperis action may be dismissed on such grounds at any time). Plaintiff's claims against Corporal Hicks and Detective Samson remain. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

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