Miles v. Seale et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS 10 ; denying as moot 9 Motion for Leave to Proceed in forma pauperis; case dismissed without prejudice for failure to state a claim; case considered "strike" re 28:1915(g). Signed by Honorable Robert T. Dawson on September 20, 2011. (cnn)

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

PLAINTIFF

v.

Case No. 10-1077

DR. SEALE, et al.

DEFENDANTS
ORDER

Now on this 20th day of September 2011, there comes on for
consideration the report and recommendation filed herein on June
16,

2011,

by

the

Honorable

Barry

A.

Bryant,

United

Magistrate Judge for the Western District of Arkansas.

States

(Doc. 10).

On June 30, 2011, the Court received a motion from Plaintiff
requesting a new IFP application and an extension to return such
application.

Based upon Plaintiff’s return address, the Court

directed a change of address be entered for Plaintiff and a copy of
the report and recommendation re-mailed to Plaintiff at the new
address. The Court further extended the time for Plaintiff to file
objections from July 5, 2011 to August 1, 2011.

To date, no

objections have been filed.
The

court

sufficiently

has

reviewed

advised,

finds

this
as

case

and,

follows:

being
The

well

and

report

and

recommendation is proper and should be and hereby is adopted in its
entirety.

Accordingly, Plaintiff’s Complaint is DISMISSED WITHOUT

PREJUDICE for failure to state a claim upon which relief may be
granted.

See 28 U.S.C. § 1915(e)(2)(B).

This case is considered

a “strike” pursuant to the “three strikes” provision of the in

AO72A
(Rev. 8/82)

forma pauperis statute, 28 U.S.C. § 1915(g), and the U.S. District
Clerk is directed to flag the case accordingly. Plaintiff’s motion
seeking an extension of time to file an IFP application (doc. 11)
is DENIED AS MOOT.
IT IS SO ORDERED.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge

AO72A
(Rev. 8/82)