Newton v. Does

Filing 45

ORDER ADOPTING REPORT AND RECOMMENDATIONS adopting 44 Report and Recommendations; granting 24 Motion to Dismiss; denying 26 Motion for Service; denying Motions to Amend/Correct 30 32 as moot. This case is dismissed with prejudice as to all claims and all defts. Dismissal of this action constitutes a "strike," and an ifp appeal would not be taken in good faith. Signed by Judge James M. Moody on 1/2/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
THANE T. NEWTON
ADC #135297
v.

PLAINTIFF
4:12-cv-00056-JMM-JJV

DOES, Sex Offender Assessment Committee
(SOAC) and Sex Offender Screening and Risk
Assessment (SOSRA), et al.

DEFENDANTS

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’ Motion to Dismiss (Doc. No. 24) is GRANTED and Plaintiff’s claims

against Does - Sex Offender Assessment Committee and Sex Offender Screening and Risk
Assessment, and Sheri Flynn are DISMISSED, pursuant to 28 U.S.C. § 1915(e)(2), for failure to
state a claim upon which relief may be granted.
2.

Plaintiff’s Motions for Leave to File an Amended Complaint (Doc. No. 30, 32) are

DENIED.
3.

All pending motions are DENIED as moot.

4.

This cause of action is DISMISSED with prejudice as to all claims and all

Defendants.
5.

Dismissal of this action constitutes a “strike” for purposes of 28 U.S.C. § 1915(g).

6.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order and the accompanying Judgment would not be taken in good faith.
DATED this 2nd day of January, 2013.

JAMES M. MOODY
UNITED STATES DISTRICT JUDGE