Montgomery v. Etherly et al

Filing 33

ORDER ADOPTING 32 Report and Recommendations in their entirety; therefore, defts' First and Second Motions to Dismiss 23 26 are GRANTED; pltf's cause of action is DISMISSED with prejudice; this dismissal counts as a "strike". Signed by Judge Susan Webber Wright on 12/3/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
TAVARUS MONTGOMERY,
ADC #134297,
Plaintiff,
v.
MARCUS ETHERLY, Lt. East Arkansas
Regional Unit, Arkansas Department of
Correction, et al;
Defendants.

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No. 2:11-cv-00200-SWW-JJV

ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful
consideration, the Court concludes that the Proposed Findings and Recommended Disposition
should be, and hereby are, approved and adopted in their entirety as this Court's findings in all
respects.
IT IS, THEREFORE, ORDERED that:
1.

Defendants’ First and Second Motions to Dismiss (Doc. Nos. 23, 26) is GRANTED;

2.

Plaintiff’s cause of action is DISMISSED with prejudice.

3.

This dismissal constitutes a “strike” within the meaning of the Prison Litigation

Reform Act (PLRA), 28 U.S.C. § 1915(g).
SO ORDERED this 3rd day of December, 2012.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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