Whitaker v. Hobbs et al

Filing 11

ORDER adopting 6 Magistrate Judge J. Thomas Ray's Proposed Findings and Recommended Disposition as its own, except for the citation to the unpublished Sanders v. Norris opinion and to Walker v. Missouri Department of Corrections, which is an Americans with Disabilities Act case. This dismissal constitutes a "strike" for purposes of 28 U.S.C. § 1915(g). Signed by Judge D. P. Marshall Jr. on 7/28/2011. (dmn)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

PINE BLUFF DIVISION

GERALD WHITAKER
ADC# 141195

v.

PLAINTIFF

Case No. 5:11-cv-117-DPM

RAY HOBBS, DELTA REGIONAL
UNIT, CORRECTIONAL MEDICAL
SERVICES, GAYLON LAY, and
MARK CASHION

DEFENDANTS

ORDER
The Court has considered Magistrate Judge J. Thomas Ray's Proposed
Findings and Recommended Disposition, Document No.6. The Court granted
Whitaker additional time to file objections, but he has not done so. Document
No.9. Having reviewed the proposal for clear errors of fact on the face of the

record, FED. R. Crv. P. 72(b) (advisory committee notes to 1983 addition), and
for legal error, the Court adopts the proposal as its own, except for the citation
to the unpublished Sanders v. Norris opinion and to Walker v. Missouri
Department of Corrections, which is an Americans with Disabilities Act case.

Whitaker's complaint is dismissed without prejudice.

This dismissal

constitutes a strike" for purposes of 28 U.S.C. § 1915(g). The Court certifies
II

that an in forma pauperis appeal from this Order and the accompanying
Judgment would not be taken in good faith. 28 U.S.C. § 1915(a)(3).
So Ordered.

.

II

D.P. Marshall Jr.

United States District Judge

-2­