Going v. Shores et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS in it's entirety and plaintiff's 1 Complaint is dismissed on the grounds that the claims are frivolous or are asserted against individuals immune from suit; further the U.S. District Clerk is directed to place a 1915(g) strike flag on the case. Signed by Honorable Robert T. Dawson on April 23, 2012. (rw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
SHAWN ROBERT GOING
v.

PLAINTIFF
Case No. 12-2048

DENNIS SHORES, Alma Police
Department; WAL-MART STORE,
Alma, Arkansas; ALMA POLICE
DEPARTMENT; KATHERYN L.
WHITNEY; AMY CORBETT; JOHN
DOE ATF OR DEA AGENT; JOHN
DOE PROSECUTING ATTORNEY;
and JOHN DOE POLICE OFFICER

DEFENDANTS
ORDER

Now on this 23rd day of April 2012, there comes on for
consideration the report and recommendation filed herein on March
15, 2012, by the Honorable James R. Marschewski, United States
Magistrate Judge for the Western District of Arkansas.

(Doc. 6).

Also before the Court are Plaintiff’s written objections.

(Doc.

7).
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 Complaint is DISMISSED on the

grounds that the claims are frivolous or are asserted against
individuals immune from suit.

See 28 U.S.C. § 1915(e)(2)(B)(i)-

(iii)(IFP action may be dismissed on such grounds at any time).
The dismissal of this action constitutes a “strike” under 28 U.S.C.

AO72A
(Rev. 8/82)

§ 1915(g).

The U.S. District Clerk is directed to place a §1915(g)

strike flag on the case.
IT IS SO ORDERED.

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

AO72A
(Rev. 8/82)