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)

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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

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