Culbertson v. Arkansas, State of et al

Filing 23

ORDER ADOPTING 22 Report and Recommendations in their entirety; therefore, pltf's amended complaint 10 is DISMISSED WITH PREJUDICE; this dismissal counts as a "strike"; pltf's 21 Motion to Amend/Correct is DENIED; judgment will be entered accordingly. Signed by Chief Judge Brian S. Miller on 3/21/13. (vjt)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
BILLY N. CULBERTSON
ADC #076385
v.

PLAINTIFF

CASE NO. 4:11CV00013 BSM

STATE OF ARKANSAS et al.

DEFENDANTS
ORDER

The proposed findings and recommended disposition submitted by United States
Magistrate Judge Joe J. Volpe have been reviewed. No objections have been filed. After
careful consideration, it is concluded that the proposed findings and recommended
disposition should be, and hereby are, approved and adopted in their entirety in all respects.
IT IS THEREFORE ORDERED that:
1.

Plaintiff’s amended complaint [Doc. No. 10] is DISMISSED with prejudice

as time barred and for failure to state a claim upon which relief may be granted.
2.

Dismissal of plaintiff’s amended complaint constitutes a “strike” for purposes

of 28 U.S.C. § 1915(g).
3.

Plaintiff’s motion to amend/correct [Doc. No. 21] is DENIED.

4.

It is further certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma

pauperis appeal from this order adopting the recommendation and the accompanying
judgment would not be taken in good faith.
DATED this 21st day of March 2013.

UNITED STATES DISTRICT JUDGE

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