Morris v. Singleton et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 6 . Plaintiff's claims related to grievances, pending state criminal charges,and all claims against the Hempstead County Sherriff's Department and the Hempstead County Detention Facility are DISMISSED WITH PREJUDICE. All other claims shall proceed. Signed by Honorable Susan O. Hickey on January 17, 2017. (mll)

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

LARRY MORRIS

v.

PLAINTIFF

Case No. 4:16-cv-4119

JAMES SINGLETON, Sherriff
Hempstead County; CAPTAIN
JOHNNY GODBOLT; LIEUTENANT
HEATH ROSS; SERGEANT MARCI
HARDEMAN; SERGEANT KYLE
MALONE; HEMPSTEAD COUNTY
SHERRIFF’S DEPARTMENT;
HEMPSTEAD COUNTY DETENTION
FACILITY; OFFICER JOSH
PENDERGRASS; OFFICER ALVIS
MILLS; OFFICER MATTHEW
TURBERVILLE; ADVANCED PRACTICE
NURSE JOAN MCCLAIN;
NURSE LAURIE

DEFENDANTS

ORDER
Before the Court is the Report and Recommendation filed December 22, 2016, by the
Honorable James R. Marschewski, United States Magistrate Judge for the Western District of
Arkansas. (ECF No. 6). Judge Marschewski recommends that Plaintiff Larry Morris’s claims 1
related to grievances and pending state criminal charges be dismissed with prejudice pursuant to
28 U.S.C. §§ 1915(e)(2)(B)(i-iii) and 1915A(a) because Plaintiff failed to state cognizable claims
under 42 U.S.C. § 1983. Judge Marschewski also recommends that all claims against the

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Plaintiff’s complaint asserts numerous claims, including denial of adequate medical care, excessive force, denial of
access to legal materials, unsanitary prison conditions, retaliation for requesting a § 1983 complaint form, and
inadequate access to and responses to grievance forms. Plaintiff also appears to challenge the validity of pending
state criminal charges against him arising from an April 2016 incident while detained in the Hempstead County
Detention Facility. Finally, Plaintiff requests appointment of counsel in this action.

Hempstead County Sherriff’s Department and the Hempstead County Detention Facility be
dismissed with prejudice because they are buildings, rather than people, and thus are not subject
to suit under § 1983.
Plaintiff has 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 claims related to grievances, pending state criminal charges,
and all claims against the Hempstead County Sherriff’s Department and the Hempstead County
Detention Facility are DISMISSED WITH PREJUDICE. All other claims shall proceed.
IT IS SO ORDERED, this 17th day of January, 2017.
/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District Judge

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