Otter v. Flynn

Filing 18

ORDER ADOPTING 11 Report and Recommendations in their entirety; therefore, pltf's complaint is DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief may be granted; dismissal of this action constitutes a "strike"; all pending motions are DENIED AS MOOT 4 ; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 4/15/11. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION TERRY L. OTTER ADC #97148 v. PLAINTIFF No. 5:10CV00301 JLH/JJV SHERI FLYNN, Administrator, Sex Offender Screening and Assessment Committee DEFENDANT 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. Plaintiff’s Complaint is DISMISSED without prejudice for failure to state a claim upon which relief may be granted; 2. Dismissal of this action constitutes a “strike” for purposes of 28 U.S.C. § 1915(g); 3. All pending motions are DENIED as moot. and SO ORDERED this 25th day of April, 2011. __________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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