Opinion
5:22-CV-05022
03-09-2022
DANIEL LEE CINCOSKI PLAINTIFF v. SHERIFF TIM HELDER, Washington County, Arkansas; PROBATION OFFICER DIEUM NYUGEN; and JOHN DOE, Medical Administrator, Washington County Detention Center DEFENDANTS
ORDER
TIMOTHY L. BROOKS UNITED STATES DISTRICT JUDGE
On February 16, 2022, the Honorable Christy Comstock, United States Magistrate Judge for the Western District of Arkansas, performed an initial screening of Plaintiff Daniel Lee Cincoski's Complaint pursuant to 28 U.S.C. § 1915(e)(2) and issued a Report and Recommendation (“R&R”) (Doc. 6). Judge Comstock recommends that the Complaint be dismissed. First, she found that the statute of limitations bars Mr. Cincoski's claim that he was physically tortured by Defendants while housed in the WCDC. Second, she found that his remaining claims were factually frivolous, clearly baseless, fantastic, and delusional..
In response to the R&R, Mr. Cincoski filed an Objection (Doc. 8) on March 8, 2022, which triggered the Court's de novo review of the case. In the Objection, Mr. Cincoski summarizes the claims made in his Complaint and argues that the statute of limitations should not bar his claims because they are “ongoing.” The Objection contains neither law nor fact that would cause the Court to disagree with the well-reasoned recommendation of the magistrate judge. Accordingly, the Objection is OVERRULED.
IT IS THEREFORE ORDERED that the R&R (Doc. 6) is ADOPTED IN ITS ENTIRETY. For the reasons stated therein, the case is DISMISSED WITHOUT PREJUDICE. The Clerk is directed to close the case.
IT IS SO ORDERED.