Barnes v. Arkansas, State of et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS in toto. The Plaintiff's 1 Complaint Referred (42:1983)should be, and hereby is dismissed because the claims are frivolous, fail to state claims upon which relief may be granted, or are asserted against individuals or entities immune from suit. Further Orders that the dismissal of this action constitutes a "strike" under 28 U.S.C. 1915(g). Signed by Honorable Jimm Larry Hendren on July 14, 2010. (lw)

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Barnes v. Arkansas, State of et al Doc. 7 IN THE UNITED STATES DISTRICT COURT W E S T ER N DISTRICT OF ARKANSAS FO R T SMITH DIVISION GUY CLAYTON BARNES v. Ci v i l No. 10-2030 PLAINTIFF S TA TE OF ARKANSAS; S EB AS T I A N COUNTY CIRCUIT C OU RT , Twelfth Judicial District a nd DANIEL SHUE, Prosecuting Attorney ORDER DEFENDANT N O W on this 14t h day of July 2010, comes on for consideration t he Report and Recommendation of the Magistrate Judge (document #4), f il ed on April 7, 2010, and plaintiff's objections, entitled Appeal o f Court Recommendation of the Magistrate Judge (document #6), filed o n April 26, 2010. The Court, being well and sufficiently advised, f in ds and orders as follows with respect thereto: 1. Plaintiff's objections offer neither law nor fact requiring d ep ar t u r e from the Report and Recommendation and the same should and w il l be overruled. 2. The Report and Recommendation is sound in all respects and s ho ul d be adopted in toto. IT IS THEREFORE ORDERED * that plaintiff's objections to the Report And Recommendation o f the Magistrate Judge be, and they hereby are, overruled; * that the said Report and Recommendation of the Magistrate J ud ge be, and it hereby is, adopted in toto. IT IS FURTHER ORDERED that, because the claims are frivolous, f ai l to state claims upon which relief may be granted, or are asserted a ga in s t individuals or entities immune from suit, plaintiff's Dockets.Justia.com complaint should be, and hereby is, dismissed. 1915A(b). IT IS FURTHER ORDERED that the dismissal See 28 U.S.C. of this action c on st i t u t e s a "strike" under 28 U.S.C. 1915(g). IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN U N I T E D STATES DISTRICT JUDGE -2-

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