Hollis v. Drew County Circuit Court

E.D. Arkansas

Hollis v. Drew County Circuit Court

DecidedJuly 18, 2022

Docket4:22-cv-00654

StatusUnknown

This text of Hollis v. Drew County Circuit Court (Hollis v. Drew County Circuit Court) is published on Counsel Stack Legal Research, covering District Court, E.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hollis v. Drew County Circuit Court, (E.D. Ark. 2022).

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IN THE UNITED STATES DISTRICT COURT EASTERN DIVISION OF ARKANSAS CENTRAL DIVISION KERRY RAE’LOND HOLLIS PLAINTIFF v. 4:22-CV-00654-BRW DREW COUNTY CIRCUIT COURT, ET AL DEFENDANTS ORDER Plaintiff’s complaint involves an apparent disagreement with how things proceeded in family court in Drew County, Arkansas. A district court has the authority to dismiss a case sua sponte for failure to state a claim.1 The Drew County Circuit Court is not a “person” subject to suit under § 1983.2 Additionally the presiding judge3 and guardian ad litem4 are entitled to immunity. Because Plaintiff’s Complaint states no cause of action against Defendant for which

relief may be granted, this case is DISMISSED. The motion to proceed in forma pauperis (Doc. No. 1) is DENIED as MOOT. IT IS SO ORDERED this 18th day of July, 2022. Billy Roy Wilson UNITED STATES DISTRICT JUDGE

1See Smith v. Boyd, 945 F.2d 1041 (8th Cir. 1991). 2Harris v. Missouri Court of Appeals, W. Dist., 787 F.2d 427, 429 (8th Cir. 1986). 3Schottel v. Young, 687 F.3d 370, 373 (8th Cir. 2012) (holding that a judge is immune from suit, except for non-judicial actions or for actions taken absent all jurisdiction). 4McCuen v. Polk County, Iowa., 893 F.2d 172, 174 (8th Cir. 1990) (holding that a guardian ad litem’s absolute immunity extends to her duties of preparing reports and making recommendations to family court).

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IN THE UNITED STATES DISTRICT COURT EASTERN DIVISION OF ARKANSAS CENTRAL DIVISION KERRY RAE’LOND HOLLIS PLAINTIFF v. 4:22-CV-00654-BRW DREW COUNTY CIRCUIT COURT, ET AL DEFENDANTS ORDER Plaintiff’s complaint involves an apparent disagreement with how things proceeded in family court in Drew County, Arkansas. A district court has the authority to dismiss a case sua sponte for failure to state a claim.1 The Drew County Circuit Court is not a “person” subject to suit under § 1983.2 Additionally the presiding judge3 and guardian ad litem4 are entitled to immunity. Because Plaintiff’s Complaint states no cause of action against Defendant for which

relief may be granted, this case is DISMISSED. The motion to proceed in forma pauperis (Doc. No. 1) is DENIED as MOOT. IT IS SO ORDERED this 18th day of July, 2022. Billy Roy Wilson UNITED STATES DISTRICT JUDGE

1See Smith v. Boyd, 945 F.2d 1041 (8th Cir. 1991). 2Harris v. Missouri Court of Appeals, W. Dist., 787 F.2d 427, 429 (8th Cir. 1986). 3Schottel v. Young, 687 F.3d 370, 373 (8th Cir. 2012) (holding that a judge is immune from suit, except for non-judicial actions or for actions taken absent all jurisdiction). 4McCuen v. Polk County, Iowa., 893 F.2d 172, 174 (8th Cir. 1990) (holding that a guardian ad litem’s absolute immunity extends to her duties of preparing reports and making recommendations to family court).

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