Harris v. Branstetter et al

Filing 21

ORDER ADOPTING 9 20 REPORT AND RECOMMENDATIONS; granting 17 Motion to Dismiss. Signed by Honorable Robert T. Dawson on December 17, 2013. (src)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
EUGENE HARRIS, JR.

PLAINTIFF

V.

Civil No. 13-6087

CAPTAIN RONNIE BRANSTETTER,
Garland County Detention Center;
SERGEANT ANSLEY, Garland County
Detention Center; JUDGE
HOMER WRIGHT, Garland County;
and PUBLIC DEFENDER MARK FRASURE,
all in their Individual and Official
Capacities

DEFENDANTS

O R D E R
On this 17th day of December 2013, there comes on for
consideration the reports and recommendations filed in this case
on October 22, 2013 (doc. 9) and November 26, 2013 (doc. 20), by
the Honorable Barry A. Bryant, United States Magistrate for the
Western District of Arkansas.

No objections were filed to the

reports and recommendations.
The court has reviewed this case and, being well and
sufficiently

advised,

finds

as

follows:

The

reports

and

recommendations are proper and should be and hereby are adopted
in their entirety.

Accordingly, Plaintiff’s claims against

Judge

and

Homer

Wright

Public

Defender

Mark

Frasure

are

DISMISSED WITH PREJUDICE as the claims are frivolous or fail to
state claims upon which relief may be granted.
1915(e)(2)(B)(i-ii).

AO72A
(Rev. 8/82)

Further,

Plaintiff’s

28 U.S.C. §

claims

against

Captain Branstetter and Sergeant Ansley are DISMISSED WITHOUT
PREJUDICE for Plaintiff’s failure to prosecute this action and
failure to obey the Court’s orders.

Fed. R. Civ. P. 41(b).

IT IS SO ORDERED.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge

AO72A
(Rev. 8/82)