Brown v. Norris, Director, Arkansas Department of Corrections et al

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS in its entirety for 16 REPORT AND RECOMMENDATIONS re 12 MOTION to Dismiss Complaint filed by Brown, Larry Norris, Director, Arkansas Department of Corrections, Mike Pippin, Ernest Sanders, Jr.; Gra nting 12 MOTION to Dismiss Complaint filed by separate defendants Brown, Larry Norris, Director, Arkansas Department of Corrections, Mike Pippin, Ernest Sanders, Jr., Plaintiffs claim against Janna Lock for denial of adequate medical care remains. Signed by Honorable Robert T. Dawson on April 28, 2010. (dmc) Modified on 4/29/2010 to edit text(dmc). NEF Regenerated

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION DANIEL RAY BROWN v. LARRY NORRIS, et al. ORDER Now on this 28th day of April 2010, there comes on for consideration the report and recommendation filed herein on April 6, 2010, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. 16). The Case No. 09-6034 DEFENDANTS PLAINTIFF

parties did not file any written objections to the report and recommendation. The court has reviewed finds this as case and, being The well and and

sufficiently

advised,

follows:

report

recommendation is proper and should be and hereby is adopted in its entirety. Accordingly, the motion to dismiss (doc. 12) filed by

Separate Defendants Larry Norris, Kathy Brown, Mike Pippin and Ernest Sanders, Jr. is GRANTED. Plaintiff's claims against Ernest

Sanders are DISMISSED WITH PREJUDICE as barred by the Eleventh Amendment and the doctrine of judicial immunity. Plaintiff's

claims against Mike Pippin are DISMISSED WITH PREJUDICE as he is immune from suit, and Plaintiff's claims that challenge the

revocation of his parole and subsequent incarceration are barred by Heck v. Humphrey, 512 U.S. 477 (1994). Plaintiff's claims for

monetary damages against Larry Norris and Kathy Brown are barred by

AO72A (Rev. 8/82)

the doctrine of sovereign immunity under the Eleventh Amendment and DISMISSED WITH PREJUDICE. Plaintiff's claims of a constitutional

violation for being charged a co-pay, verbal harassment by unnamed staff members, insufficient indigent supplies and improper handling of grievances are DISMISSED WITHOUT PREJUDICE for failure to state a claim. Plaintiff's claim against Janna Lock for denial of

adequate medical care remains. IT IS SO ORDERED.

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

AO72A (Rev. 8/82)