Harris v. Chesshir et al

Filing 9

ORDER adopting Report and Recommendations re 8 . Plaintiff's Complaint is dismissed with prejudice. Clerk directed to place a § 1915(g) strike flag on the case; ***Civil Case Terminated. Signed by Honorable Susan O. Hickey on January 5, 2017. (mll)

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

PAUL HARRIS
v.

PLAINTIFF
Civil No. 4:16-cv-4116

BRYAN CHESSHIR, Prosecuting Attorney;
ERIN HUNTER, Prosecuting Attorney, Little
River County; and MICKEY BUCHANAN,
Public Defender, Little River County

DEFENDANTS

ORDER

Before the Court is the Report and Recommendation filed December 12, 2016, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 8). Plaintiff filed a pro se action pursuant to 42 U.S.C. § 1983 on June 10, 2016,
alleging that his constitutional rights were violated because he was denied an evidentiary
hearing. (ECF No. 2). In addition, Plaintiff alleges that Defendants Buchanan and Chesshir
forced him to involuntarily enter into a plea agreement for a crime he did not commit. Id.
Judge Bryant recommends that Plaintiff’s claims against all Defendants should be
dismissed pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(i-iii) and 1915A(a) because Defendants
Chesshir and Hunter are both prosecutors and, therefore, immune from civil suits for damages
filed under § 1983. Moreover, Judge Bryant found that Plaintiff failed to state a cognizable claim
under § 1983 against Defendant Buchanan because public defenders are not subject to suit under
the statute. In addition, Judge Bryant found that Plaintiff’s claims regarding his confinement
resulting from his plea agreement and his claims relating to the validity of his criminal charges
fail to state cognizable claims under § 1983. Judge Bryant also recommends that the dismissal of
the action be considered a “strike” pursuant to 28 U.S.C. § 1915(g).

No party has filed objections to the Report and Recommendation, and the time to object
has passed.

See 28 U.S.C. § 636(b)(1).

Upon review, the Court adopts the Report and

Recommendation in toto. Accordingly, Plaintiff’s Complaint (ECF No. 2) is DISMISSED
WITH PREJUDICE. In addition, the Clerk of Court is directed to place a § 1915(g) strike flag
on the case.
IT IS SO ORDERED, this 5th day of January, 2017.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

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