Raper v. Arkansas, State of

Filing 13

ORDER adopting 11 Report and Recommendations; Plaintiff's Complaint is dismissed. Clerk is directed to place a § 1915(g) strike flag on this case. The Court further CERTIFIES that an in forma pauperis appeal from this action would not be taken in good faith. Signed by Honorable Susan O. Hickey on November 18, 2021. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
JAMES M. RAPER, JR.
v.

PLAINTIFF
Civil No. 4:21-cv-4050

THOMAS DEEN, Prosecuting Attorney;
GOVERNOR ASA HUTCHINSON; and
CIRCUIT JUDGE CREWS PURYEAR

DEFENDANTS
ORDER

Before the Court is the Report and Recommendation filed September 10, 2021, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 11). Plaintiff has filed a Complaint against prosecuting attorney Thomas Deen,
Arkansas Circuit Judge Crews Puryear, and Governor Asa Hutchinson, alleging that he has been
kidnapped and falsely imprisoned because of an alleged plea agreement entered into by Defendant
in Bradley County, Arkansas. (ECF No. 1). Plaintiff alleges that the plea agreement bearing his
signature was forged and that Defendants Deen and Judge Puryear were directly involved in having
Plaintiff placed in unconstitutional conditions of confinement. Plaintiff has also named Governor
Hutchinson as a Defendant on the grounds that Hutchinson has failed to act in remedying the false
imprisonment.
The Court referred Plaintiff’s Complaint to Judge Bryant for preservice screening pursuant
to the Prison Litigation Reform Act. See 28 U.S.C. § 1915A. Judge Bryant recommends that the
Court dismiss Plaintiff’s Complaint because each claim presented is barred by certain applicable
immunities. Judge Bryant also recommends that the Court certify that an appeal from this action
would not be taken in good faith.

Plaintiff filed timely objections to the Report and Recommendation. (ECF No. 12).
However, Plaintiff’s objections make no mention of any applicable immunity upon which Judge
Bryant recommends that the case be dismissed. Because Plaintiff has failed to make specific
objections to the Report and Recommendation, he is not entitled to de novo review by this Court.
See 28 U.S.C § 636(b)(1). Therefore, finding no clear error in the Report and Recommendation,
the Court adopts the Report and Recommendation (ECF No. 11) in toto. Plaintiff’s Complaint is
hereby DISMISSED.
The Court further CERTIFIES that an in forma pauperis appeal from this action would
not be taken in good faith. The Clerk is directed to place a § 1915(g) strike flag on this case.
IT IS SO ORDERED, this 18th day of November, 2021.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge

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