Rakich v. Doe et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
DRAGO RAKICH 	PLAINTIFF
v. 	Case No. 1:26-cv-1015
SHERIFF CHARLIE PHILLIPS; JUDGE BARKER;
CAPTAIN J. SANDERS; JEFFEREY C. ROGERS;
RANDEE MOLSBEE; and JOHN DOE DEFENDANTS
ORDER
Before the Court is a Report and Recommendation (“R&R”) issued by the Honorable
Christy D. Comstock, United States Magistrate Judge for the Western District of Arkansas. ECF
No. 9. Upon pre-service screening of Plaintiff’s Complaint (ECF No. 1) pursuant to 28 U.S.C. §
1915A(a), Judge Comstock recommends that: 1) Defendant Judge Barker be dismissed
without prejudice because of judicial immunity, and; 2) Defendants Sheriff Charlie Phillips and
Captain J. Sanders be dismissed without prejudice because Plaintiff failed to state a claim
against them. Judge Comstock further recommends that Plaintiff’s claims against Defendants
Jefferey C. Rogers, Randee Molsbee, and John Doe be permitted to proceed. No party has
objected to the R&R, and the time to do so has passed. See 28 U.S.C. § 636(b)(1).
Upon review, finding no clear error on the face of the record and that Judge Comstock’s
reasoning is sound, the Court adopts the R&R (ECF No. 9) in toto. Accordingly, Plaintiff’s
claims against Defendants Judge Barker, Sheriff Charlie Phillips, and Captain J. Sanders
are hereby DISMISSED WITHOUT PREJUDICE. Plaintiff’s claims against the remaining
Defendants may proceed.
IT IS SO ORDERED, this 15th day of June, 2026.
/s/ Susan O. Hickey
Susan O. Hickey
Senior United States District Judge
Case 1:26-cv-01015-SOH-CDC Document 21 Filed 06/15/26 Page 1 of 1 PageID #:
<pageID>