Turner v. Hobbs et al

Filing 5

ORDER ADOPTING 3 Report and Recommendations with one noted correction of a typographical error as stated herein; pltf's 1 Motion for Leave to Proceed in forma pauperis is denied and his complaint is dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 8/8/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION CARL STANLEY TURNER ADC # 81306 v. PLAINTIFF No. 2:12-cv-136-DPM-JTK RAY HOBBS; BURL; TODD BALL; VERIE WESTBROOK; MOSES JACKSON; and PAULETTE GREEN DEFENDANTS ORDER Turner has objected to Magistrate Judge Jerome T. Kearney’s recommendation, Document No. 3, that the Court deny Turner’s motion to proceed in forma pauperis and dismiss Turner’s complaint. On de novo review, the Court adopts Judge Kearney’s proposed order as its own with one correction of a typographical error: one of Turner’s three strikes was in case no. 4:99-cv-392-GH, not case no. 4:99-cv-393-GH. Compare Document No. 3, at 3 n.1. Turner’s objection does not change the analysis. Document No. 4. It restates his allegations but does not suggest imminent danger of serious physical harm. 28 U.S.C. § 1915(g). Motion to proceed in forma pauperis, Document No. 1, denied. Turner’s complaint is dismissed without prejudice. So Ordered. _________________________ D.P. Marshall Jr. United States District Judge 8 August 2012 -2-

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