Tucker v. Correctional Medical Services Inc et al

Filing 392

ORDER adopting Judge Young's recommended disposition with one correction; and dismissing Tucker's complaint and amended complaints are dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 6/22/11. (hph)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION RICHARD SCOTT TUCKER, ADC # 122704 v. PLAINTIFF Case No. 2:09-cv-151-DPM CORRECTIONAL MEDICAL SERVICES, INC., CHARLOTTE GREEN, RICHARD PLANT, DEBRA WEST, TERESA KUNDERT, ROLAND ANDERSON,THEODORE DUENSING and DIANNA LOCKLEAR DEFENDANTS Order The Court has considered Magistrate Judge H. David Young's proposed Findings and Recommendations, Document No. 384, and Richard Scott Tucker's objections, Document Nos. 389, 390 & 391. After de novo review, the Court adopts Judge Young's recommended disposition with one correction. FED.R.Crv.P. 72(b)(3).The Court dismissed the claims against John Lytle in an earlier order. Document No. 297. Tucker has failed to exhaust his administrative remedy with respect to his various claims against all the other Defendants before he filed this lawsuit. 42 U.s.C. § 1997e(a). Tucker's complaint and amended complaints, Document Nos. 2, 29, 78, 79 & 303, are dismissed without prejudice. This dismissal counts as a "strike" under 28 U.S.C. § 1915 (g). The Court certifies that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. 28 U.S.C. § 1915 (a)(3). So Ordered. D.P. Marshall Jr. 11 United States District Judge 2

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