Chaney v. Hutchinson et al, No. 4:2018cv00478 - Document 6 (E.D. Ark. 2018)
Court Description: ORDER adopting in its entirety 4 the proposed findings and recommendations; dismissing Chaney's petition without prejudice; counting this dismissal as a strike; and certifying that an in forma pauperis appeal from this order would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 8/29/2018. (kdr)
Download PDF
<![CDATA[
Chaney v. Hutchinson et al Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JAMES CHANEY, JR. ADC #158270 v. PLAINTIFF CASE NO. 4:18-CV-00478 BSM ASA HUTCHINSON, et al. DEFENDANTS ORDER The proposed findings and recommendations [Doc. No. 4] submitted by United States Magistrate Judge Jerome T. Kearney and plaintiff James Chaney’s objections [Doc. No. 5] have been reviewed. After de novo review of the record, the proposed findings and recommendations are adopted in their entirety. Although Chaney appears to assert new claims in his objections, including double jeopardy claims and an “access to the courts” claim, a party may not offer new legal theories in objections to a magistrate judge’s report and recommendation when those arguments have not been presented to the magistrate judge or addressed in the report and recommendation. Hylla v. Transp. Commc’ns Int’l Union, 536 F.3d 911, 921-22 (8th Cir. 2008). Accordingly, Chaney’s petition is dismissed without prejudice. He may reassert his claim for damages if his continued confinement is later invalidated through appropriate state procedures. Dismissal of this action counts as a “strike” under 28 U.S.C. section 1915(g). Pursuant to 28 U.S.C. section 1915(a)(3), it is certified that an in forma pauperis appeal from this order would not be taken in good faith. IT IS SO ORDERED this 29th day of August 2018. Dockets.Justia.com _________________________________ UNITED STATES DISTRICT JUDGE
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
