Egziabher v. Pearce et al

Filing 11

ORDER ADOPTING 8 REPORT AND RECOMMENDATIONS and dismissing case. The Clerk is directed to place a strike flag on the case. Signed by Honorable Jimm Larry Hendren on April 28, 2011. (src)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
ASSEFA GABREL EGZIABHER, JR.
v.

PLAINTIFF

Civil No. 11-5048

CHARLIE PEARCE, ET AL.

DEFENDANTS
O R D E R

NOW on this 28th day of April 2011, comes on for consideration
the Magistrate Judge’s Report and Recommendation (Doc. 8) and
Defendant’s objection thereto (Doc. 9).

The Court, being well and

sufficiently advised, finds and orders as follows:
1.

Plaintiff

was

arrested

by

the

Fayetteville

Police

Department on November 18, 2010, and is charged by the State of
Arkansas

with

methamphetamine.

possession

with

the

intent

to

manufacture

Plaintiff is currently being held in Washington

County Jail.
Plaintiff brought this lawsuit against his attorney, the
deputy prosecutors and two Fayetteville police officers asserting
claims that he was illegally searched and arrested, that the
charges against him are false and that his attorney filed a motion
to suppress on his behalf against his wishes.
The Court has carefully reviewed the Magistrate Judge’s Report
and Recommendation and finds that it is sound in all respects and
that plaintiff has failed to state a claim for which relief could
be granted in this case.

Plaintiff has stated no facts or law to

refute said recommendation.

Therefore, the Court finds that the Report and Recommendation
should be adopted in toto.
2.

The Court notes that plaintiff raises in his Objection

(Doc. 9) his right to a speedy trial.

Plaintiff complains that he

has not yet received a trial date in Washington County Circuit
Court. This Court has no jurisdiction to determine plaintiff’s
rights under Arkansas’ speedy trial rules.
IT IS THEREFORE ORDERED that the Plaintiff’s objections are
overruled;
IT IS FURTHER ORDERED that the Magistrate Judge’s Report and
Recommendation (Doc. 9) is hereby adopted in toto;
IT IS FURTHER ORDERED that, for the reasons stated in the
Magistrate Judge’s Report and Recommendation, Plaintiff’s complaint
is hereby DISMISSED.

This lawsuit shall be considered a “strike”

pursuant to the so-called three-strikes provision of 28 U.S.C. §
1915 and the Clerk is directed to place an appropriate flag on this
case.
IT IS SO ORDERED.
/s/ Jimm Larry Hendren
HON. JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE