Womack v. Shawnee County District Attorney's Office et al

Filing 6

ORDER adopting Report and Recommendations 5 : Plaintiff's case is dismissed. See order for details. Signed by U.S. District Senior Judge Sam A. Crow on 7/11/18. Mailed to pro se party Donald Alvin Womack, Jr. by regular mail (msb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

DONALD ALVIN WOMACK, JR.,
Plaintiff,
vs.

Case No. 18-4045-SAC-KGS

SHAWNEE COUNTY DISTRICT
ATTORNEY’S OFFICE and UNITED STATES
ATTORNEY JARED MAAG,
Defendants.

O R D E R
On June 19, 2018, United States Magistrate Judge Sebelius
filed a report and recommendation (Doc. No. 5) which advised the
court to dismiss plaintiff’s complaint pursuant to 28 U.S.C. §
1915(e)(2).

Plaintiff’s

complaint

claims

he

was

illegally

detained for a period of time after defendant Maag, a federal
prosecutor,

allegedly

decided

to

dismiss

plaintiff’s

federal

charges but waited approximately one month to do so until the
Shawnee County District Attorney’s Office brought charges against
plaintiff for a second time.

The Shawnee County District Attorney

had previously brought charges which were dismissed when the
federal charges were filed.
The Magistrate Judge’s report recommends that the claims
against the Shawnee County District Attorney’s Office be dismissed
because plaintiff was in federal custody upon federal charges –

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not state or county custody - during the alleged period of illegal
detention.

The report further recommends that the claims against

defendant Maag be dismissed under the doctrine of prosecutorial
immunity and because a grand jury found probable cause to support
the federal charges against plaintiff.
As explained in the report and recommendation, plaintiff has
14 days after service of the report and recommendation to file any
objection.

The record reflects that the report and recommendation

was sent to plaintiff by regular mail and certified mail on June
19,

2018.

This

mailing

to

plaintiff’s

last-known

address

constitutes service. Fed. R. Civ. P. 5(b)(2)(C); see also Koslover
v.

Prairie

Bank

Tribal

Court,

2016

WL

3405172

*1

(D.Kan.

6/21/2016); ReVoal v. Brownback, 2014 WL 5321093 at *1 (D.Kan.
10/16/2014). Thus, the time has expired for plaintiff to file any
objections to the report and recommendation.
The court accepts the reasons for dismissing this case as
explained in the report and recommendation.
that

plaintiff

has

filed

no

objection

The court notes too
to

the

report

and

recommendation within the time prescribed, and he has sought no
extension of time to file an objection.

For these reasons, the

court accepts the report and recommendation in its entirety and
this case is dismissed pursuant to 28 U.S.C. § 1915(e)(2).

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IT IS SO ORDERED.
Dated this 11th day of July, 2018, at Topeka, Kansas.

s/Sam A. Crow
Sam A. Crow, U.S. District Senior Judge

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