Burdette v. Crawford County et al

Filing 10

ORDER: ADOPTING REPORT AND RECOMMENDATIONS re 9 , and case is dismissed as to all defendants. Accordingly, Plaintiff's request for a writ of mandamus filed by Jimmy D. Burdette, is legally frivolous and abstention under Younger v. Harris, 402 U.S. 37 (1971) is appropriate. ***Civil Case Terminated, Motions terminated. Signed by Honorable Robert T. Dawson on November 17, 2008. (sh) Modified to edit text on 11/18/2008 (sh).

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION JIMMY D. BURDETTE v. CRAWFORD COUNTY; CITY OF VAN BUREN, ARKANSAS; DONALD JENKINS, CITY ATTORNEY; MIKE MEDLOCK, JUDGE ORDER Now on this 17th day of November 2008, there comes on for consideration the report and recommendation filed herein on October 22, 2008, by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. (Doc. 7). Case No. 08-2109 PLAINTIFF

DEFENDANTS

Plaintiff has filed objections to the report and recommendation. (Doc. 9). and The court has reviewed this case de novo and, being well advised, finds as follows: The report and

sufficiently

recommendation is proper and should be and hereby is adopted in its entirety. Accordingly, Plaintiff's request for a writ of mandamus

is legally frivolous and abstention under Younger v. Harris, 401 U.S. 37 (1971) is appropriate. Accordingly Plaintiff's Complaint

is DISMISSED as to all Defendants. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

AO72A (Rev. 8/82)