Burdette v. Howard et al

Filing 6

ORDER ADOPTING 4 REPORT AND RECOMMENDATIONS in its entity. Denying 3 MOTION for Leave to Proceed in forma pauperis, MOTION for Service and denying 5 Motion to Transfer. Further Plaintiff's Complaint is DISMISSED on the grounds that the claims are frivolous, fail to state claims on which relief can be granted, asserted against individuals who are immune from suit, or are not presently cognizable. Signed by Honorable Robert T. Dawson on September 20, 2011. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
JIMMY DEWAYNE BURDETTE
v.

PLAINTIFF
Case No. 11-2128

COLONEL J.R. HOWARD, Director,
Arkansas State Police, et al.

DEFENDANTS
ORDER

Now on this 20th day of September 2011, there comes on for
consideration the report and recommendation filed herein on August
8, 2011, by the Honorable James R. Marschewski, United States
Magistrate Judge for the Western District of Arkansas.

(Doc. 4).

Also before the Court is Plaintiff’s Response to Recommendation of
the Magistrate Judge and Motion to Transfer Jurisdiction (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 Motion to Proceed IFP (doc. 3)

and to transfer (doc. 5) are DENIED, and Plaintiff’s Complaint is
DISMISSED on the grounds that the claims are frivolous, fail to
state claims on which relief can be granted, asserted against
individuals

who

are

immune

from

suit,

or

are

not

presently

cognizable.

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)