Sanford v. Robinson, et al

5:24-cv-05057ArwdApr 30, 2024

Full text

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
DAMON CHARLES SANFORD 	PLAINTIFF
V. 	CASE NO. 5:24-CV-5057
OFFICER ELI HOBBS;
OFFICER BRAD ROBINSON; and
WASHINGTON COUNTY SHERIFF’S DEPARTMENT 	DEFENDANTS
ORDER
Now before the Court is the Report and Recommendation (“R&R”) (Doc. 9) of the
Honorable Christy Comstock, United States Magistrate Judge for the Western District of
Arkansas. Upon preservice screening of the Complaint under 28 U.S.C. § 1915A, the
Magistrate 	Judge 	recommends 	dismissing 	certain 	claims 	and 	allowing 	others 	to
proceed.
The Court has reviewed this case and, being well and sufficiently advised, finds
as follows: the Report and Recommendation is proper and is hereby ADOPTED IN ITS
ENTIRETY. Accordingly, upon preservice screening, the Court ORDERS as follows:
• 	the 	claims 	against 	the 	Washington 	County 	Sheriff’s 	Department 	are
DISMISSED 	WITHOUT PREJUDICE for failure to state a cognizable
claim, and the Clerk is DIRECTED to terminate this Defendant as a party;
• 	the claims against Defendant Robinson for malicious prosecution and
false imprisonment/arrest in his individual capacity will proceed;
• 	the 	claim 	against 	Defendant 	Hobbs 	for 	malicious 	prosecution 	in 	his
individual capacity will proceed;
Case 5:24-cv-05057-CDC Document 13 Filed 04/30/24 Page 1 of 2 PageID #:
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• 	the 	claim 	against 	Defendant 	Hobbs 	for 	false 	imprisonment/arrest 	is
DISMISSED WITHOUT PREJUDICE; and
• 	the perjury and defamation claims against all Defendants are DISMISSED
WITHOUT PREJUDICE for failure to state a cognizable claim.
By separate order, the claims that will proceed will be served on Defendants
Robinson and Hobbs.
IT IS SO ORDERED on this 30th day of April, 2024.
/s/ Timothy L. Brooks
TIMOTHY L. BROOKS
UNITED STATES DISTRICT JUDGE
Case 5:24-cv-05057-CDC Document 13 Filed 04/30/24 Page 2 of 2 PageID #:
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