Lewis v. Haltom

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 8 Report and Recommendations. Plaintiff's Complaint is Dismissed. The Clerk is directed to place a § 1915(g) strike flag on the case. Signed by Honorable Susan O. Hickey on January 6, 2014. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION DON EARL LEWIS V. PLAINTIFF CASE NO. 13-CV-4002 CIRCUIT COURT JUDGE BRENT HALTOM DEFENDANTS ORDER Before the Court is the Report and Recommendation filed June 25, 2013, 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 Complaint (ECF No. 1) be DISMISSED pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(I-iii) and 1915A(a). Plaintiff has responded with timely objections (ECF No. 9). In his objections, Plaintiff merely offers more details about his history with Judge Haltom and again accuses Judge Haltom of bias against him during criminal proceedings. The Court, however, agrees with Judge Bryant’s decision that Judge Haltom is entitled to absolute immunity for all judicial actions not taken in complete absence of all jurisdiction. See Penn v. U.S., 335 F.3d 786, 789 (8th Cir. 2003); Robinson v. Freeze, 15 F.3d 107, 108 (8th Cir. 1994). Plaintiff has made no accusation that Judge Haltom acted outside his jurisdiction or in a nonjudicial capacity. The Court, therefore, being well and sufficiently advised, finds that Plaintiff’s objections offer neither law nor fact requiring departure from the Report and Recommendation. After reviewing the record de novo, the Court adopts the Report and Recommendation in toto. Accordingly, Plaintiff’s Complaint (ECF No. 1) is DISMISSED pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(I-iii) and 1915A(a). The dismissal of this action constitutes a “strike” under 28 U.S.C. § 1915(g), and the Clerk is directed to place a § 1915(g) strike flag on the case. IT IS SO ORDERED, this 6th day of January, 2014. /s/ Susan O. Hickey Susan O. Hickey United States District Judge -2-

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