Charles v. Otts et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS 10 in its entirety. Plaintiff's Complaint is DISMISSED on the grounds that the claims are frivolous and/or fail to state claims on which relief can be granted. Signed by Honorable Robert T. Dawson on April 28, 2009. (lw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION JAMES CHARLES v. Case No. 08-6095 PLAINTIFF

LT. FREDDIE OTTS, Ouachita River Correctional Unit; JUSTINE MINOR, Disciplinary Hearing Officer, Arkansas Department of Correction; JAMES GIBSON, Disciplinary Hearing Officer, Arkansas Department of Correction; RUTH CLARK, Internal Affairs Investigator, Arkansas Department of Correction; M.D. REED, Warden, Ouachita River Correctional Unit; MARK WARNER, Chief Security Officer, Ouachita River Correctional Unit; and LARRY NORRIS, Director, Arkansas Department of Correction

DEFENDANTS

ORDER Now on this 28th day of April 2009, there comes on for consideration the report and recommendation filed herein on March 19, 2009, by the Honorable Barry A. Bryant, United States

Magistrate Judge for the Western District of Arkansas. No objections have been filed. The court has reviewed finds this as case and, being The

(Doc. 10).

well

and and

sufficiently

advised,

follows:

report

recommendation is proper and should be and hereby is adopted in its entirety. Accordingly, Plaintiff's Complaint is DISMISSED on the

grounds that the claims are frivolous and/or fail to state claims on which relief can be granted. See 28 U.S.C. § 1915(e)(2)(B)(i)-

AO72A (Rev. 8/82)

(iii)(IFP action may be dismissed on such grounds at any time). IT IS SO ORDERED.

/s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

AO72A (Rev. 8/82)