Fields v. Sharum et al

Filing 16

ORDER denying 1 Motion for Leave to Proceed in forma pauperis; and adopting Report and Recommendations in it's entirety. The Plaintiff's Complaint is DISMISSED WITH PREJUDICE on the grounds that Plaintiff fails to state claims on which re lief can be granted. Further Plaintiff has named defendants who are immune from suit or who are not state actors and has made no official capacity claims without alleging any policy, custom, or practice for official capacity liability. Finally this dismissal is considered a "strike" pursuant to the "three strikes" provision of 28 U.S.C. 1915(g) and the U.S. District Clerk is directed to appropriately flag this case. Signed by Honorable Robert T. Dawson on November 2, 2011. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
MARCUS FIELDS

PLAINTIFF

v.

Case No. 11-2108

TIMOTHY SHARUM, et al.

DEFENDANTS
ORDER

Now on this 2nd day of November 2011, there comes on for
consideration the report and recommendation filed herein on October
11, 2011, by the Honorable James R. Marschewski, United States
Magistrate Judge for the Western District of Arkansas.

(Doc. 15).

Plaintiff has not filed timely, written objections.
The

court

sufficiently

has

reviewed

advised,

finds

this
as

case

and,

follows:

being
The

well

and

report

and

recommendation is proper and should be and hereby is adopted in its
entirety.

Accordingly, Plaintiff’s Motions to Proceed IFP (docs.

1 & 12) are DENIED, and Plaintiff’s Complaint is DISMISSED WITH
PREJUDICE on the grounds that Plaintiff fails to state claims on
which relief can be granted.

See 28 U.S.C. § 1915(e)(2)(B)(i)-

(iii)(IFP action may be dismissed on such grounds at any time).
Further, Plaintiff has named as defendants individuals who are
immune from suit or who are not state actors and has made official
capacity claims without alleging any policy, custom, or practice
for official capacity liability.

AO72A
(Rev. 8/82)

Finally, this dismissal is considered a “strike” pursuant to
the “three strikes” provision of 28 U.S.C. § 1915(g), and the U.S.
District Clerk is directed to appropriately flag this case.
IT IS SO ORDERED.

/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge

AO72A
(Rev. 8/82)