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)

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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 2

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