Pinder v. Linkous et al

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS 3 ; denying 2 Motion for Leave to Proceed in forma pauperis, and Motion for Service filed by Steven L Pinder; plaintiff ineligible for IFP status based on the application of three strikes provision re PLRA , 28:1915(g); complaint dismissed on grounds claims are frivolous, fail to state claims andseek relief against Defendants who are immune from suit, See 28:1915(e)(2)(B)(i)-(iii), clerk directed to place the strike flag on this case. Signed by Honorable Robert T. Dawson on March 14, 2011. (cnn)

Download PDF
Pinder v. Linkous et al Doc. 5 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION STEVEN PINDER v. Case No. 10-1073 PLAINTIFF JANICE LINKOUS, Clerk and Ex-Officio Recorder, Columbia County Circuit Court AND JERRI GALE HARRELSON, Certified Court Reporter ORDER DEFENDANTS Now on this 14th day of March 2011, there comes on for consideration the report and recommendation filed herein on November 16, 2010, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. Also before the Court are Plaintiff's objections. (Doc. 3). (Doc. 4). The court has reviewed this case de novo and, being well and sufficiently advised, finds as follows: The report and recommendation is proper and should be and hereby is adopted in its entirety. Accordingly, Plaintiff's Motion to Proceed IFP (doc. 2) is DENIED as Plaintiff is ineligible for IFP status based on the application of the three strikes provision of the PLRA, 28 U.S.C. 1915(g). Further, Plaintiff's Complaint is DISMISSED on the grounds that the claims are frivolous, fail to state claims and seek relief against Defendants who are immune from suit. See 28 U.S.C. 1915(e)(2)(B)(i)-(iii)(IFP action may be dismissed on such grounds at any time). Further, this dismissal is considered a "strike" pursuant to the "three strikes" provision of 28 U.S.C. AO72A (Rev. 8/82) 1915(g), and the U.S. District Clerk is directed to appropriately flag this case. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?