Wright v. Hartwell et al

Filing 7

JUDGMENT ADOPTING REPORT AND RECOMMENDATIONS for 1 Complaint Referred (42:1983) filed by Johnny L. Wright. Plaintiff's Complaint is dismissed without prejudice. The clerk is directed to place a § 1915(g) strike flag on the case for failure to state cognizable claims under section 1983. Signed by Honorable Susan O. Hickey on November 8, 2013. (mll) Modified on 11/8/2013 to edit text. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION JOHNNY L. WRIGHT vs. PLAINTIFF Civil No. 1:13-cv-1069 SGT. CARL NICHOLS; AARON MORRIS; and SCOTT HARTWELL DEFENDANTS JUDGMENT Before the Court is the Report and Recommendation filed October 17, 2013, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 7). Judge Bryant recommends that the above-styled case be dismissed for failure to state cognizable claims under section 1983. 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 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 8th day of November, 2013. /s/ Susan O. Hickey Hon. Susan O. Hickey United States District

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