Davis v. Smith et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 9 Report and Recommendations, and finding Plaintiff's Complaint should be and hereby is dismissed as frivolous, for failing to state claims upon which relief may be granted and which are not presently cognizable under 42 USC sec. 1983. See 28 USC sec. 1915(e)(2)(B)(i)-(iii). Signed by Honorable Harry F. Barnes on October 9, 2008. (cap) Modified on 10/9/2008 to add text (cap).

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION

JACOB AUSTIN DAVIS

PLAINTIFF

VS.

CASE NO. 08-CV-4040

WAYNE SMITH, Warden, Southwest Arkansas Community Corrections; RICH HINTON, Captain of Security, Southwest Arkansas Community Corrections

DEFENDANTS

ORDER Before the Court is the Report and Recommendation filed herein on September 12, 2008, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. No. 9). Ten (10) days have passed without objections being filed by the parties. The Court adopts in toto the Magistrate Judge's findings and recommendations. Accordingly, the Court finds that the Plaintiff's Complaint should be and hereby is dismissed as frivolous, for failing to state claims upon which relief may be granted and which are not presently cognizable under 42 U.S.C. § 1983. See 28 U.S.C. § 1915(e)(2)(B)(i)-(iii). IT IS SO ORDERED, this 9th day of October, 2008.

/s/Harry F. Barnes Hon. Harry F. Barnes United States District Judge