Sayres v. State of Arkansas et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS in toto; and denying 3 MOTION for Leave to Proceed in forma pauperis. The Plaintiff's 1 Complaint Referred (42:1983)is dismissed because the claims are frivolous, fail to state claims upon which relief may be granted, and seek relief against defendants who are immune from suit. Further the Clerk is directed to place 1915 flag on this case and on cases 05-3049 and 05-3063. Signed by Honorable Jimm Larry Hendren on July 14, 2010. (lw)

Sayres v. State of Arkansas et al

Doc. 13

IN THE UNITED STATES DISTRICT COURT W E S T ER N DISTRICT OF ARKANSAS H A RR I SO N DIVISION ROBERT SAYRES v. Ci v i l No. 10-3032 PLAINTIFF

S TA TE OF ARKANSAS; P HI LL I P MOON, Attorney; a nd SHERIFF DANNY HICKMAN, B oo ne County, Arkansas ORDER

DEFENDANT

N O W on this 14t h day of July 2010, comes on for consideration t he Magistrate Judge's Report and Recommendation (document #9), f il ed on May 26, 2010, and plaintiff's objections, (documents #10, 1 1, and 12), filed on May 26, 2010, June 7, 2010, and July 1, 2010. The Court, being well and offer sufficiently neither law advised, nor fact finds that

plaintiff's

objections

requiring

d ep ar t u r e from the Report and Recommendation and the same should be, a nd it hereby is, adopted in toto. IT IS THEREFORE ORDERED that the Report And Recommendation of t he Magistrate Judge is adopted in toto. Accordingly, the Court

h er eb y adopts the Report and Recommendations and the plaintiff's m ot io n for leave to proceed IFP is denied pursuant to section 1915(g); a nd , the plaintiff's complaint is dismissed because the claims are f ri vo l o u s , fail to state claims upon which relief may be granted, and s ee k relief against defendants who are immune from suit. See 28

U .S .C . § 1915(e)(2)(B)(IFP action may be dismissed on such grounds at a ny time). IT IS FURTHER ORDERED that the Clerk is directed to place a § 1 91 5 flag on this case and on cases 05-3049 and 05-3063.

Dockets.Justia.com

IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN U N I T E D STATES DISTRICT JUDGE

-2-