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)

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

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