Rodriguez v. May et al

Filing 13

ORDER ADOPTING 6 Report and Recommendations; therefore, pltf's claims are dismissed without prejudice; this dismissal counts as a "strike"; all pending motions are denied as moot 12 . Signed by Judge D. P. Marshall Jr. on 11/16/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

ROY RODRIGUEZ
ADC # 141625

v.

PLAINTIFF

No. 5:12-cv-215-DPM-JJV

LARRY MAY, Deputy Director, ADC;
JAMES BANKS, Warden, Varner Unit,
ADC; J PLUMMER, Sergeant, Varner
Supermax, ADC; McCRIMMON, Sergeant,
Varner Supermax, ADC

DEFENDANTS

ORDER

The Court has considered Magistrate Judge Joe J. Volpe's Proposed
Findings and Recommendations, Document No. 6. No one has objected.
Having reviewed the proposal for clear errors of fact on the face of the record,
FED. R. CIV. P. 72(b)(Advisory Committee notes to 1983 addition), and for
legal error, the Court adopts the proposal as its own.

The Eleventh

Amendment bars Rodriguez's official-capacity claims.

All claims are

dismissed without prejudice. This is a strike because the complaint fails to
state a claim for damages under settled law. If Rodriguez wants to pursue an
individual-capacity claim against any defendant, he must re-file his case and
make that plain. An in forma pauperis appeal from this Order and the
accompanying Judgment would not be taken in good faith. All pending
motions are denied as moot.

So Ordered.

D.P. Marshall Jr. f
United States District Judge