Brown v. Watson et al

Filing 38

ORDER granting 37 Motion for Extension of Time to Answer, defendants have through 7/15/11 to file a response to Plaintiff's complaint. Further ADOPTING REPORT AND RECOMMENDATIONS in its entirety. Signed by Honorable Robert T. Dawson on July 7, 2011. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION DANIEL RAY BROWN PLAINTIFF VS. CASE NO. 10-CV-3080 YOLANDA WATSON, et al. DEFENDANT O R D E R On this 7th day of July 2011, there comes on for consideration the report and recommendation filed in this case on June 13, 2011, by the Honorable James R. Marschewski, United States Magistrate for the Western District of Arkansas. 24). (Doc. No objections were filed to the report and recommendation. The court has reviewed this case 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, the following claims are DISMISSED: (1) all claims against James Williams, a hearing officer for the Arkansas Parole Board; (2) all official capacity claims against Kent Villines, Mike Pippin, Mike Thomas, and Yolanda Watson; (3) all claims challenging the revocation of Plaintiff’s parole and subsequent incarceration; (4) all official capacity claims against David Eberhard, Dan Roberts, and Jeff Tillman; (5) all claims against the City of Harrison; and (6) all claims against the Department of Community Probation and Parole Services. Correction and the Harrison These claims are frivolous, fail to state claims upon which relief may be granted, seek relief AO72A (Rev. 8/82) against defendants who presently cognizable. Plaintiff’s are immune from suit, or are not See 28 U.S.C. § 1915(e)92)(B)(i)-(iii). individual capacity claims against Yolanda Watson, Mike Pippin, Kent Villines, Mike Thomas, Jeff Tillman, Dan Roberts, and David Eberhard remain. Also before the Court is the Motion for Extension (doc. 37) filed by these Defendants. The Court finds the Motion should be GRANTED, and defendants have through July 15, 2011, to file a response to Plaintiff’s Complaint. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

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