Morgan v. McKinney et al

Filing 6

JUDGMENT/ORDER ADOPTING REPORT AND RECOMMENDATIONS 5 re 1 Complaint filed by Steven Lavon Morgan; all claims dismissed for frivolous, failure to state claim and against individuals immune from suit, 28U.S.C. § 1915A(b). Dismissal counts as strike for purposes of the PLRA of 28 U.S.C. § 1915(g) and Clerk should be directed to place a strike flag on the case. Signed by Honorable Harry F. Barnes on October 5, 2010. (cnn)

Morgan v. McKinney et al

Doc. 6

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

STEVEN LAVON MORGAN vs. RICHARD McKINNEY, et al. JUDGMENT Civil No. 1:10-cv-01041

PLAINTIFF

DEFENDANTS

Before the Court is the Report and Recommendation filed September 8, 2010, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 5. Judge Bryant recommends that Planitiff's claims be dismissed as the claims are frivolous, fail to state claims upon which relief can be granted, and assert claims against individuals immune from suit.. 28 U.S.C. § 1915A(b). Plaintiff has not filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). Therefore, the Court adopts the Report and Recommendation in toto. Plaintiff's claims are DISMISSED. This dismissal will constitute a strike for purposes of the Prison Litigation Reform Act, 28 U.S.C. § 1915(g). The Clerk is directed to place a § 1915(g) strike flag on the case. IT IS SO ORDERED, this 5thday of October, 2010.

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

Dockets.Justia.com