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)

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

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* plaintiff’s claims against Investigator Kenneth Paul.
IT IS SO ORDERED.
/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE

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