Lira-Perez v. State of Arkansas

Filing 6

ORDER adopting 4 the Report and Recommendation, denying 3 Motion for Leave to Proceed in forma pauperis and denying as moot 5 Motion to Amend the Complaint. The clerk is directed to place a 1915(g) strike flag on the case. Signed by Honorable P. K. Holmes, III on September 26, 2012. (sh)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
URIEL LIRA-PEREZ
v.

PLAINTIFF
Case No. 2:12-CV-02127

STATE OF ARKANSAS

DEFENDANT
ORDER

Currently before the Court is the Report and Recommendation (Doc. 4) filed in this case on
July 3, 2012, by the Honorable James R. Marschewski, Chief United States Magistrate Judge for the
Western District of Arkansas. The objection period has passed without objections being filed by
either party. Plaintiff did, however, file a Motion to Amend Complaint on July 19, 2012, which
remains pending.

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, IT IS ORDERED that Plaintiff’s Motion to Proceed IFP (Doc. 3) is DENIED.
IT IS FURTHER ORDERED that Plaintiff’s Complaint is DISMISSED WITH PREJUDICE.
The Clerk is directed to place a § 1915(g) strike flag on the case.
IT IS FURTHER ORDERED that Plaintiff’s Motion to Amend Complaint (Doc. 5) is
DENIED AS MOOT. If Plaintiff wishes to bring claims against the Defendants he lists in his
Motion, he may file those claims in a new case.

IT IS SO ORDERED this 26th day of September, 2012.

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