Harris v. Russell et al

Filing 9

JUDGMENT adopting Report and Recommendations re 8 Report and Recommendations and denying 1 Motion for Leave to Proceed in forma pauperis. Plaintiff's claims are dismissed without prejudice ***Civil Case Terminated. Signed by Honorable Susan O. Hickey on March 1, 2012. (cap)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION ANTHONY M. HARRIS VS. PLAINTIFF Civil No. 4:11-cv-4032 BRIAN RUSSELL, Chief of Police, Prescott City Police Department; ASHLEY PARKER, Prosecuting Attorney, Hope, Arkansas; WILLIAM “BILLY” MORITZ, Public Defender; and RODRICAS WILLIAMS DEFENDANTS JUDGMENT Before the Court is the Report and Recommendation filed February 6, 2012, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 8). Judge Bryant recommends that Plaintiff’s in forma pauperis application be denied and Plaintiff’s Complaint be dismissed for failure to state claim upon which relief may be granted. The parties have not filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). Therefore, the Court adopts the Report and Recommendation in toto. Plaintiff’s IFP application is DENIED, and Plaintiff’s claims are DISMISSED WITHOUT PREJUDICE as to all Defendants. The Clerk is directed to send Plaintiff a set of forms that can be utilized to file a § 1983 claim if he intends to pursue an action concerning the conditions under which he is confined. IT IS SO ORDERED, this 1st day of March, 2012. /s/ Susan O. Hickey Hon. Susan O. Hickey United States District Judge

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