Munn et al v. Hunt et al

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 26 dismissing claims against all Defendants. The dismissal shall be counted as a strike for purposes of 28 U.S.C. § 1915(g). Signed by Honorable Susan O. Hickey on October 5, 2017. (mll)

Download PDF
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION WILLIE MUNN and MARY ELIZA MUNN 1 v. PLAINTIFFS Case No. 4:15-cr-4072 CRISSY HUNT; CASEY PARKER; JAILER DUSTIN WAKEFIELD; JOE KUHN, ASHLEY VAILES; and ARKANSAS PAROLE BOARD & GOVERNMENT DEFENDANTS ORDER Before the Court is the Report and Recommendation filed July 12, 2016, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 26. Judge Bryant recommends that Plaintiff’s complaint and supplement (ECF Nos. 1, 7) be dismissed. Plaintiff has responded with objections, and the Court has reviewed the objections. ECF No. 28. The Court, being well and sufficiently advised, finds that Plaintiff’s objections offer neither law nor fact requiring departure from the Report and Recommendation. 2 After reviewing the record de novo, the Court adopts the Report and Recommendation in toto. Accordingly, Plaintiff’s claims against all Defendants are DISMISSED. The dismissal shall be counted as a strike for purposes of 28 U.S.C. § 1915(g). IT IS SO ORDERED, this 5th day of September, 2017. /s/ Susan O. Hickey Susan O. Hickey United States District Judge 1 Eliza Munn appears to be Plaintiff’s mother. Plaintiff, as a pro se litigant, may not sue on behalf of his mother. See 28 U.S.C. § 1654; see also Steele v. City of Bemidji, 257 F.3d 902, 905 (8th Cir. 2001) (a non-lawyer may not represent another person or entity in federal court). 2 The Court notes that Plaintiff’s objections do not address the magistrate judge’s findings that Plaintiff does not have a constitutionally protected liberty interest in the possibility of parole, that Plaintiff may not use the civil rights statutes as substitute for habeas corpus relief, and that Defendants Hunt, Vailes, and the Arkansas Parole Board & Government are immune from suit.

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?