Blakes v. Jones et al

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS 2 and dismissing the 1 Complaint filed by Rosemary Blakes without prejudice ; and finding as moot 3 Motion to Amend/Correct. Signed by Judge D. P. Marshall Jr. on 7/31/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION ROSEMARY BLAKES ADC # 705058 v. PLAINTIFF No. 1:12-cv-59-DPM-JJV KRUMAR JONES, Lieutenant, McPherson Unit, Arkansas Department of Correction; et al. DEFENDANTS ORDER Magistrate Judge Joe J. Volpe recommended, Document No. 2, that Blakes's in forma pauperis complaint be dismissed without prejudice because she is a three-striker under the Prison Litigation Reform Act. Blakes has not objected to that recommendation; nor has she paid the filing fee. The Court sees no legal error or clear factual error in the recommendation. The Court therefore adopts it in full. Blakes's complaint is dismissed without prejudice. Blakes's motion to correct the spelling of a defendant's name, Document No. 3, is denied as moot. An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. So Ordered. D.P. Marshall Jf. United States District Judge -2-

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