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)

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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)

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