Nichols v. Arkansas, State of et al

Filing 12

ORDER ADOPTING 10 Report and Recommendations. The dismissal of this action constitutes a STRIKE under 28 U.S.C. 1915. Signed by Honorable Jimm Larry Hendren on March 26, 2012. (src)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
JOHNNY LEE NICHOLS, JR.
v.

PLAINTIFF
Civil No. 11-5282

STATE OF ARKANSAS, Benton
County Circuit Court, Division I;
CIRCUIT JUDGE ROBIN F. GREEN;
PUBLIC DEFENDER BRYNNA BARNICA;
JOHN DOE; PROSECUTOR VAN STONE;
PROSECUTOR JAY SAXTON; and
BRENDA DESHIELDS, Benton County Circuit Clerk

DEFENDANTS

ORDER
NOW on this 26th day of March 2012, comes on for consideration
the

Report

and

Recommendation

(R&R)

of

the

Magistrate

Judge

(document #10), filed on March 9, 2012, and the objections to the
Report and Recommendation of the Magistrate Judge (document #11),
filed on March 19, 2012.

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 March 9, 2012 (document #10), U.S.

Magistrate Judge James R. Marschewski, recommends that plaintiff’s
case be dismissed.
3.

The plaintiff filed timely objections to the R&R.

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 #11) will, therefore, be overruled and the R&R will be
adopted in toto.
IT IS THEREFORE ORDERED
* that the objections of the plaintiff (document #11) to the
Report And Recommendation of the Magistrate Judge should be, and
they hereby are, overruled; and
* that the Report and Recommendation of the Magistrate Judge
(document #10) should be, and it hereby is, adopted in toto.
IT IS FURTHER ORDERED that the complaint be dismissed in its
entirety because the claims asserted are frivolous or are asserted
against

individuals

1915(e)(2)(B)(I-iii).

immune

from

suit.

28

U.S.C.

§

The dismissal of this action constitutes

a “strike” under 28 U.S.C. § 1915(g) and the Clerk is directed to
place a § 1915(g) strike flag on the case.
IT IS SO ORDERED.
/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE

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