Miles v. Seale et al
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
Case No. 10-1077
DR. SEALE, et al.
Now on this 20th day of September 2011, there comes on for
consideration the report and recommendation filed herein on June
Magistrate Judge for the Western District of Arkansas.
On June 30, 2011, the Court received a motion from Plaintiff
requesting a new IFP application and an extension to return such
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.
recommendation is proper and should be and hereby is adopted in its
Accordingly, Plaintiff’s Complaint is DISMISSED WITHOUT
PREJUDICE for failure to state a claim upon which relief may be
See 28 U.S.C. § 1915(e)(2)(B).
This case is considered
a “strike” pursuant to the “three strikes” provision of the in
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
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