Opinion
Civil No. 05-5213.
May 16, 2006
ORDER
Now on this 16th day of May, 2006, comes on for consideration the Report And Recommendation Of The Magistrate Judge (document #10) issued February 3, 2006, along with plaintiff's objections thereto (document #11), and the Court, having carefully considered both documents, finds that plaintiff's objections have no merit. They suggest nothing that could alter the impact of absolute judicial, prosecutorial, and Eleventh Amendment immunity on plaintiff's claims, nor do they suggest any way in which defendant Houston could be a state actor for purposes of § 1983. They likewise do not alter the impact of Heck v. Humphrey, 512 U.S. 477 (1994) on plaintiff's damages claim.
The Court therefore finds that the Report And Recommendation is sound in all respects, and that it should be adopted in toto. IT IS THEREFORE ORDERED that the Report And Recommendation Of The Magistrate Judge is adopted in toto, and plaintiff's objections thereto are overruled. IT IS FURTHER ORDERED that, for the reasons stated in the Report And Recommendation Of The Magistrate Judge, plaintiff's claims against defendants Storey; Houston; Jones; State of Arkansas; and Washington County, Arkansas are dismissed. IT IS FURTHER ORDERED that this case be remanded to the Magistrate Judge for further report and recommendation as to the newly added defendant Tim Helder.
IT IS SO ORDERED.