Fields v. Nixon et al

Filing 11

ORDER denying plaintiff's motion to proceed in forma pauperis re 1 ***Civil Case Terminated, and adopting the Magistrate's REPORT AND RECOMMENDATIONS in its entirety and plaintiff's complaint is dismissed with prejudice re 10 . The court finds that this case should be counted as a strike under 28 U.S.C 1915(g), and the clerk is directed to place a strike flag on the case. Signed by Honorable P. K. Holmes, III on June 28, 2012. (sh)

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

PLAINTIFF
Case No. 2:12-CV-02030

B BARRETT NIXON, Chief Prosecutor,
Sebastian County; and BEN WOLF,
Prosecutor, Sebastian County

DEFENDANTS

ORDER
Currently before the Court is the Report and Recommendation (Doc. 10) filed in this case
on June 7, 2012, by the Honorable James R. Marschewski, Chief United States Magistrate for the
Western District of Arkansas. The objection period has passed without objections being filed by any
party.

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
Recommendation, Plaintiff’s Motion for Leave to proceed in forma pauperis (Doc. 1) 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 28th day of June, 2012.

/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE