United States District Court, E.D. Arkansas, Western Division
FINDINGS AND RECOMMENDATION
PATRICIA S. HARRIS, Magistrate Judge.
The following proposed Findings and Recommendation have been sent to United States District Judge James M. Moody, Jr. You may file written objections to all or part of this Recommendation. If you do so, those objections must: (1) specifically explain the factual and/or legal basis for your objection, and (2) be received by the Clerk of this Court within fourteen (14) days of this Recommendation. By not objecting, you may waive the right to appeal questions of fact.
INTRODUCTION. Plaintiff James Weldon King commenced the case at bar by filing a pro se complaint in Phillips County, Arkansas, Circuit Court. The case was subsequently removed to federal court where defendants Sherra Spurgers King, Barry Wayne Spurgers, and Elizabeth Ann Spurgers ("Spurgers defendants") filed a motion to dismiss. See Document 21. Because the defendants filed their motion, in part, pursuant to Federal Rule of Civil Procedure 12(b)(6) and accompanied the motion with exhibits that were not excluded, the motion was construed as one for summary judgment pursuant to Federal Rule of Civil Procedure 56. The parties were given an opportunity to submit materials in support of, and in opposition to, the motion for summary judgment, and the deadline for doing so has now passed. After reviewing the parties' pleadings and exhibits, the undersigned recommends that the defendants' motion be granted. James Weldon King's complaint should be dismissed and judgment entered for all of the defendants.
FACTS. The undersigned has reviewed the parties' pleadings and exhibits and finds the facts to be as follows:
1. James Weldon King and Sherra Spurgers King were married in 1986, and it was through the marriage that James Weldon King became acquainted with Sherra Spurgers King's father, Barry Wayne Spurgers; her mother, Elizabeth Ann Spurgers; and Sherra Spurgers King's brother, Gerald Wayne Spurgers. See Document 2 at 2.
2. Gerald Wayne Spurgers came to be employed as an agent with the Federal Bureau of Investigation ("FBI") in 1996. See Document 2 at 2-3.
3. Sherra Spurgers King, Gerald Wayne Spurgers, and other members of her extended family knew, or eventually learned, that James Weldon King was a convicted felon who possessed firearms, oftentimes obtaining firearms from members of Sherra Spurgers King's extended family. See Document 2 at 3-5.
4. In 2009, the marriage between James Weldon King and Sherra Spurgers King ended in divorce. See Document 2 at 5.
5. As a part of the divorce, James Weldon King was given visitation rights with the daughter he shared with Sherra Spurgers King. See Document 2 at 5-6.
6. James Weldon King later requested and obtained a modification of those visitation rights. See Document 2 at 6.
7. At some point, James Weldon King was confronted by Sherra Spurgers King and members of her extended family and allegedly threatened with retaliation for his efforts in obtaining a modification of his visitation rights. See Document 2 at 6-7.
8. James Weldon King was allegedly told that Gerald Wayne Spurgers would use his position as an FBI agent to punish James Weldon King. See Document 2 at 6-7.
9. At some point, the FBI began investigating James Weldon King; during the course of the investigation, FBI agents Carrie Land and Ward Seal learned from local law enforcement officers that James Weldon King was a felon who had firearms in his possession. See Document 2 at 7-8; Document 30 at 2.
10. Carrie Land requested and obtained a warrant from United States Magistrate Judge Joe Volpe to search James Weldon King's residence. See Document 2 at 8.
11. Law enforcement officials executed the warrant, and the search of James Weldon King's residence uncovered fifty-eight firearms. ...