Caradine v. Doe et al

Filing 14

ORDER ADOPTING 12 REPORT AND RECOMMENDATIONS in its entirety and denying plaintiff's 1 Motion for Leave to Proceed in forma pauperis; further plaintiff's complaint is dismissed on the grounds that the federal claims are frivolous and fai l to state claims upon which relief may be granted; further plaintiff advised that this dismissal is considered a "strike" for purpose of the Prison Litigation Reform Act and directing the U.S. District Clerk to collect the $350.00 filing fee from plaintiff. Signed by Honorable Robert T. Dawson on April 5, 2011. (rw)

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Caradine v. Doe et al Doc. 14 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION WILLIAM F. CARADINE, II v. Case No. 11-2003 PLAINTIFF JOHN OR JANE DOE, Owner/ General Manager, Dollar General Store; and NINA RIDENOUR ORDER Now on DEFENDANTS this 5th day of April 2011, there comes on for consideration the report and recommendation filed herein on March 17, 2011, by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. (Doc. 12). Also before the Court is Plaintiff's objection (doc. 13). The court has reviewed this case de novo and, being well and sufficiently advised, finds as follows: The report and recommendation is proper and should be and hereby is adopted in its entirety. Accordingly, Plaintiff's motion to proceed IFP is DENIED, and Plaintiff's Complaint is DISMISSED on the grounds that the federal claims are frivolous and fail to state claims upon which relief may be granted. See 28 U.S.C. 1915(e)(2)(B)(IFP action may be dismissed on such grounds at any time). Plaintiff is advised that this dismissal is considered a "strike" for purposes of the Prison Litigation Reform Act. 28 U.S.C. 1915(g). The U.S. District Clerk is directed to collect the $350.00 filing fee from Plaintiff. The Court declines to exercise supplemental jurisdiction over Plaintiff's claim pursuant to the Arkansas Civil AO72A (Rev. 8/82) Dockets.Justia.com Rights Act. 28 U.S.C. 1367. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

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