Summary
In Osborne v. Waters, 92 Ark. 388, 123 S.W. 374, the court held that when an attorney recovers a judgment for his client of the nature prescribed in the statute and takes steps to perfect his lien, he acquires an interest in the judgment of which he cannot be deprived after the judgment becomes final.
Summary of this case from Camp v. ParkOpinion
CIVIL ACTION NO. 6:12-cv-01864
07-16-2012
TIMOTHY J. OSBORNE, Plaintiff, v. BOB A. WATERS, Defendant.
ORDER
This complaint was referred to the Honorable Mary E. Stanley, United States Magistrate Judge, for submission to this court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted proposed findings of fact and has recommended that the court DISMISS the plaintiff's complaint and this civil action, with prejudice, based on the application of absolute judicial immunity.
A district court "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1)(C). This court is not, however, required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the findings or recommendation to which no objections are addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985). As the parties have not filed objections in this case, the court accepts and incorporates herein the findings and recommendation of the Magistrate Judge. Accordingly, the court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge, and ORDERS that the complaint be DISMISSED, with prejudice. As such, the plaintiff's Application to Proceed without Prepayment of Fees or Costs [Docket 6] is DENIED as moot.
Since the proposed findings and recommendation was filed, the court received additional documentation from the plaintiff [Docket 7]. The court has reviewed this information and FINDS that it does not alter Judge Stanley's analysis and as a result does not affect the outcome of this action.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.
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Joseph R. Goodwin, Chief Judge