Tate v. Patrick et al

Filing 9

ORDER adopting in its entirety 7 REPORT AND RECOMMENDATIONS re 1 Complaint Referred (42:1983) filed by Sidney Tate, Jr.. Separate Defendant Detective Hrvatin is dismissed as a defendant in this matter. Signed by Honorable Robert T. Dawson on November 9, 2009. (dmc) Modified on 11/10/2009 add text (dmc).

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION SIDNEY TATE, JR. v. Case No. 09-6055 DEFENDANTS PLAINTIFF

DETECTIVE LARRY PATRICK, et al.

ORDER Now on this 9th day of November 2009, there comes on for consideration the report and recommendation filed herein on October 23, 2009, by the Honorable Barry A. Bryant, United States

Magistrate Judge for the Western District of Arkansas.

(Doc. 7).

Also before the Court are Plaintiff's written objections to the report and recommendation (Doc. 8). The court has reviewed this case de novo and, being well and sufficiently advised, finds as follows: The report and

recommendation is proper and should be and hereby is adopted in its entirety. Accordingly, Plaintiff's claims for (1) false arrest,

false testimony and false imprisonment; (2) denial of counsel; (3) verbal threats or harassment; and (4) excessive force or failure to protect asserted against Detective Hrvatin are DISMISSED as they are frivolous, fail to state claims upon which relief may be granted or are not presently cognizable under 42 U.S.C. § 1983. See 28 U.S.C. § 1915A(b). Separate Defendant Detective Hrvatin is This leaves for later

DISMISSED as a Defendant in this matter.

AO72A (Rev. 8/82)

resolution the excessive force claims asserted against Detective Patrick and Detective Jessup. IT IS SO ORDERED.

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

AO72A (Rev. 8/82)