Nixon v. Shue et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS in it's entirety. That the Plaintiff's 1 Complaint Referred (42:1983) be DISMISSED WITHOUT PREJUDICE. Further denying as moot 6 Motion to Appoint Counsel. Signed by Honorable P. K. Holmes, III on December 21, 2011. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
LARRY JOE NIXON
v.

PLAINTIFF
Case No. 2:11-CV-02215

DANIEL SHUE, Prosecuting Attorney;
and PROFESSOR JIM CHRISTIANSEN

DEFENDANTS

ORDER
Currently before the Court is the Report and Recommendations (Doc. 4) filed in this case on
November 17, 2011, by the Honorable James R. Marschewski, Chief United States Magistrate Judge
for the Western District of Arkansas. Also before the Court are Plaintiff’s timely-filed Objections
(Doc. 5).
The Court has reviewed this case and, being well and sufficiently advised, finds as follows:
Plaintiff’s objections assert that, as an employee of the University of Arkansas, Professor
Christiansen is a public servant and therefore should have responded directly to Plaintiff’s letter. The
Court, however, agrees with the Magistrate’s reasoning that Professor Christiansen was clearly not
acting under color of state law in failing to respond to Plaintiff’s correspondence. Plaintiff did not
assert any objections to the Report and Recommendations regarding dismissal of his claims against
separate defendant Shue. Plaintiff’s objections offer neither law nor fact requiring departure from
the Report and Recommendations. The Report and Recommendation is proper and should be and
hereby is ADOPTED IN ITS ENTIRETY. Accordingly, for the reasons stated in the Magistrate
Judge’s Report and Recommendations, IT IS ORDERED that Plaintiff’s Complaint be DISMISSED
WITHOUT PREJUDICE. The pending Motion to Appoint Counsel (Doc. 6) is DENIED AS
MOOT.

IT IS SO ORDERED this 21st day of December, 2011.

/s/P. K. Holmes, III
P.K. HOLMES, III
UNITED STATES DISTRICT JUDGE