Egziabher v. Duell

Filing 27

ORDER ADOPTING 9 REPORT AND RECOMMENDATIONS. Charles M. Duell terminated. Signed by Honorable Jimm Larry Hendren on October 17, 2011. (tg)

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

PLAINTIFF

Civil No. 11-5088

CHARLES M. DUELL ET AL.

DEFENDANTS
O R D E R

NOW

on

this

17th

day

of

October

2011,

comes

on

for

consideration the Report and Recommendation of the Magistrate Judge
(Doc. 9) and Defendant’s objections thereto (Docs. 24 and 25). The
Court, being well and sufficiently advised, finds and orders as
follows:
1.
against

Plaintiff, who is proceeding pro se, brings a claim
Charles

Duell,

who

was

a

deputy

Washington County Prosecutor’s Office.

prosecutor

in

the

Plaintiff brings his case

against Duell under 42 U.S.C. § 1983
2.

As

the

Magistrate

Judge

noted

in

her

Report

and

Recommendation, Duell is immune from suit.
3.

Further, as the Magistrate Judge noted in her Report, to

the extent Plaintiff is asserting a claim for malicious prosecution
and/or

false

imprisonment,

those

claims

do

not

state

a

constitutional injury and, thus, are not cognizable under § 1983.
4.

Plaintiff’s

several

objections

to

the

Report

and

Recommendation state neither law nor facts to refute the findings
in said Report.

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 claims
against Duell are hereby DISMISSED.
IT IS SO ORDERED.
/s/ Jimm Larry Hendren
HON. JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE