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)

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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)

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