Parker v. Jones et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS 8 case dismissed with prejudice on grounds of frivolous and fails to state a claim; dismissal constitutes a "strike" under 28:1915(g). Signed by Honorable Harry F. Barnes on November 10, 2009. (cnn)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION

CALVIN RAY PARKER

PLAINTIFF

VS.

CASE NO. 09-CV-1026

KEN JONES, Union County Sheriff; CAPTAIN JOHN WILLIAMS; LT. WALTER BASS; CHIEF JERRY THOMAS; and SGT. JIM SANDERS

DEFENDANTS

ORDER Before the Court is the Report and Recommendation filed on October 21, 2009, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. No. 8). Ten (10) days have passed without objections being filed by the parties. The Court hereby adopts in toto the Magistrate Judge's findings and recommendations. Accordingly, the Court finds that Plaintiff Calvin Ray Parker's Complaint should be and hereby is dismissed with prejudice on the ground that the claims asserted are frivolous and fail to state claims upon which relief may be granted. See 28 U.S.C. § 1915A(b). The dismissal of this action constitutes a "strike" under 28 U.S.C. § 1915(g). IT IS SO ORDERED, this 10th day of November, 2009.

/s/Harry F. Barnes Hon. Harry F. Barnes United States District Judge