Wilson v. Alma City Court et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS in its entirety. 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. Signed by Honorable Robert T. Dawson on October 20, 2009. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION VAUGHN DAMON WILSON v. ALMA CITY COURT and THE STATE OF ARKANSAS ORDER Now on this 20th day of October 2009, there comes on for consideration the report and recommendation filed herein on October 8, 2009, by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. (Doc. 5). Case No. 09-2098 DEFENDANTS PLAINTIFF Also before the Court are Plaintiff's written objections (Doc. 7) and Motion to Modify (Doc. 6). 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. may be See 28 U.S.C. 1915(e)(2)(B)(i)-(iii)(IFP action on such grounds at any time). Further, dismissed Plaintiff's Motion to Modify is DENIED. Plaintiff seeks to add Arkansas State Trooper Patrick A. Schmidt and Judge Paul Gant as individual defendants. Plaintiff's claims against them would fail for the same reasons set forth in the report and recommendation. Further, Plaintiff failed to attach an amended complaint to his AO72A (Rev. 8/82) motion alleging any causes of action against these individual defendants, as required. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

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