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)

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