Philpott v. Sebastian County Courthouse, The et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS in its entirety. Denying 7 Application to Proceed IFP (42:1983)and further DISMISSING COMPLAINT WITH PREJUDICE. Signed by Honorable P. K. Holmes, III on September 6, 2011. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION ROBERT PHILPOTT v. PLAINTIFF Case No. 2:11-CV-02101 THE SEBASTIAN COUNTY COURTHOUSE; and EMPLOYEES OF THE SEBASTIAN COUNTY COURTHOUSE DEFENDANTS ORDER On this 6th day of September 2011, there comes on for consideration the Report and Recommendations (Doc. 10) filed in this case on July 15, 2011, by the Honorable James R. Marschewski, United States Magistrate for the Western District of Arkansas. More than fourteen (14) days have passed without objections being filed by the parties. The Court has reviewed this case 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, for the reasons stated in the Magistrate Judge’s Report and Recommendations, Plaintiff’s request to proceed in forma pauperis is DENIED and Plaintiff’s Complaint is DISMISSED WITH PREJUDICE. Furthermore, the Court finds that this case should be counted as a strike under 28 U.S.C. § 1915(g). As such, the Clerk is directed to place a § 1915(g) strike flag on the case. IT IS SO ORDERED this 6th day of September 2011. /s/P. K. Holmes, III P.K. HOLMES, III UNITED STATES DISTRICT JUDGE

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