Franklin v. Warr

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION MICHAEL LOCKE FRANKLIN PLAINTIFF v. No. 2:22-CV-2088 SGT. WARR DEFENDANT ORDER The Court has received a report and recommendations (Doc. 9) from Chief United States Magistrate Judge Mark E. Ford. Plaintiff filed objections (Doc. 10). Following preservice screening under 28 U.S.C. § 1915A, the Chief Magistrate Judge recommends that Plaintiff’s complaint be dismissed without prejudice on the grounds that his claims are barred by the Heck doctrine. See Heck v. Humphrey, 512 U.S. 477 (1994). The Court has conducted a de novo review of those portions of the report and recommendation to which Plaintiff has objected. 28 U.S.C. § 636(b)(1)(C). Plaintiff’s objections offer neither law nor fact requiring departure from the Magistrate Judge’s findings, which otherwise contain no clear error. The report and recommendation is ADOPTED IN ITS ENTIRETY.

IT IS THEREFORE ORDERED that Plaintiff’s claims against Defendant Sgt. Warr are DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED this 18th day of August, 2022. /s/P. K. Holmes, III P.K. HOLMES, III U.S. DISTRICT JUDGE