Jordan v. Carmean et al

Filing 23

ORDER adopting 15 Report and Recommendations and overruling Plaintiff's objections. Plaintiff's claims against Stephanie McLenore and Kenneth Paul are dismissed. See order for further specifics. Signed by Honorable Jimm Larry Hendren on November 28, 2011. (adw)

Download PDF
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION BRIAN T. JORDAN PLAINTIFF v. Civil No. 11-5172 SGT. BRANDON CARMEAN; DEPUTY MICHAEL NIEL; INVESTIGATOR JEREMY D. FELTON; INVESTIGATOR KENNETH PAUL; and PROSECUTING ATTORNEY STEPHANIE MCLENORE DEFENDANTS ORDER NOW on this 28th day of November 2011, comes on for consideration the Report and Recommendation (R&R) of the Magistrate Judge (document #15), filed on October 19, 2011, and the objections to the Report and Recommendation of the Magistrate Judge (document #20), filed on November 2, 2011. The Court, being well and sufficiently advised, finds and orders as follows with respect thereto: 1. The plaintiff filed this civil rights action under the provisions of 42 U.S.C. § 1983 in forma pauperis. Pursuant to 28 U.S.C. § 1915(e), the Court has the obligation to screen any complaint filed in forma pauperis. 2. In his R&R filed October 19, 2011 (document #15), U.S. Magistrate Judge James R. Marschewski, recommends that several of plaintiff’s claims be dismissed. Particularly, the R&R recommends the following: * that plaintiff’s claims against Prosecuting Attorney Stephanie McLenore be dismissed because the prosecuting attorney is immune from suit; * that plaintiff’s claims that he was falsely charged with witness tampering be dismissed; and, * that plaintiff’s claims for malicious prosecution be dismissed. 3. The plaintiff filed timely objections to the R&R, contending that both Stephanie McLenore and investigator Kenneth D. Paul knew the charges of witness bribery were false. 4. After a review of the matter, the Court finds that plaintiff’s objections offer nothing either in law or fact which would warrant rejection of the R&R. The objections of the plaintiff (document #20) will, therefore, be overruled and the R&R will be adopted in toto. IT IS THEREFORE ORDERED * that the objections of the plaintiff (document #20) to the Report And Recommendation of the Magistrate Judge should be, and they hereby are, overruled; and * that the said Report and Recommendation of the Magistrate Judge should be, and it hereby is, adopted in toto. IT IS FURTHER ORDERED that the following claims be dismissed: * plaintiff’s false arrest claims; * plaintiff’s malicious prosecution claims; * plaintiff’s claims against Prosecuting Attorney Stephanie McLenore; and -2- * plaintiff’s claims against Investigator Kenneth Paul. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE -3-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?