McClure et al v. Davis
ORDER ADOPTING REPORT AND RECOMMENDATIONS and denying 1 Motion for Leave to Proceed in forma pauperis ***Civil Case Terminated. Signed by Honorable Robert T. Dawson on July 8, 2013. (tg)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
Case No. 12-6113
ANDREA L. DAVIS, Attorney,
Hot Springs, Arkansas; and
JUDGE ROBERT MCALLUM, Ninth
consideration the report and recommendation filed herein on April
3, 2013, by the Honorable Barry A. Bryant, United States Magistrate
Judge for the Western District of Arkansas.
the Court are Plaintiff’s objections.
The court has reviewed this case de novo and, being well and
sufficiently advised, finds as follows: Plaintiff’s objection to
the portion of the report and recommendation recommending dismissal
for his action being barred by the statute of limitations is
sustained. Plaintiff timely filed his action within the three year
statute of limitations.
The report and recommendation is adopted
as to the recommendation that Plaintiff’s action be dismissed as
Andrea Davis, acting as a public defender, is not subject to suit,
and Judge Mcallum is immune from suit.
Plaintiff contends he also sued both defendants in their
Complaint and presumes Plaintiff only sued defendants in their
official capacities, because the complaint does not specifically
name then in their individual capacities.
Zajrael v. Harmon, 677
Plaintiff’s Complaint is DISMISSED on the grounds that the claims
are frivolous, fail to state claims, and seek relief against
1915(e)(2)(B)(i)-(iii). The dismissal of this case will constitute
a strike under 28 U.S.C. § 1915(g).
The U.S. District Clerk is
directed to place a § 1915(g) strike flag on this case.
IT IS SO ORDERED.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?