Benjamin v. Chandler et al

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 22 re 1 Complaint Referred (42:1983) filed by Michael Benjamin. The following claims are dismissed: the false arrest, malicious prosecution, and false imprisonment claims; all claims against Mayor Dan Coody; and all claims against Sheriff Tim Helder. The remaining claim of Benjamin's illegal search is referred back to Judge Marscheski for a report and recommendation. Signed by Honorable Jimm Larry Hendren on May 1, 2009. Motions referred to James R. Marschewski.(sh)

IN THE UNITED STATES DISTRICT COURT W E S T ER N DISTRICT OF ARKANSAS F A YE T T E V I L L E DIVISION M IC HA E L BENJAMIN v. Ci v i l No. 08-5134 PLAINTIFF

O FF IC E R S. CHANDLER, F ay et t e v i l l e Police Department, M AY OR DAN COODY; and S HE RI F F TIM HELDER ORDER

DEFENDANTS

N o w on this 1st day of May, 2009, comes on for consideration t he Report and Recommendation of the Magistrate Judge, James R. M ar sc h e w s k i (document #22, filed March 16, 2009), in this matter, to w hi ch a Response was filed on March 26, 2009. The Court, having

c a r e f u l l y reviewed said Report and Recommendation and the Response t he re t o , finds that the Report and Recommendation is sound in all r es pe c t s , and that it should be adopted in toto. I T IS THEREFORE ORDERED that the Magistrate Judge's Report and R ec om m e n d a t i o n is adopted in toto. I T IS FURTHER ORDERED that, for the reasons stated in the M ag is t r a t e Judge's Report and Recommendation, the following claims a re dismissed: the false arrest, malicious prosecution, and false

i mp ri s o n m e n t claims; all claims against Mayor Dan Coody; and all claims against Sheriff Tim Helder. The remaining claim of

B en ja m i n ' s illegal search is referred back to Judge Marschewski for a report and recommendation. I T IS SO ORDERED. / s / Ji mm Larry Hendren H O N . JIMM LARRY HENDREN U N I TE D STATES DISTRICT JUDGE