Daniels v. Hubbert

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 6 ; Case dismissed without prejudice; dismissal of this action constitutes a strike under 28 U.S.C. § 1915(g). Signed by Honorable Susan O. Hickey on October 16, 2013. (cnn)

Download PDF
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION LAWRENCE RAY DANIELS vs. PLAINTIFF Civil No. 1:13-cv-1046 BILLY HUBBERT DEFENDANT JUDGMENT Before the Court is the Report and Recommendation filed September 26, 2013, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 6. Judge Bryant recommends that the Plaintiff’s Motion for Leave to Proceed in forma pauperis be denied and that the Complaint be dismissed because Plaintiff’s claims are frivolous and fail to state claims upon which relief may be granted. The parties have 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 in forma pauperis motion is DENIED and the Complaint is DISMISSED WITHOUT PREJUDICE. The dismissal of this action constitutes a “strike” under 28 U.S.C. § 1915(g). Therefore, the Clerk is directed to place a § 1915(g) strike flag on the case. IT IS SO ORDERED, this 16th day of October, 2013. /s/ Susan O. Hickey Hon. Susan O. Hickey United States District

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?