Henderson v. Sebastian County Detention Center et al

Filing 20

ORDER 18 ADOPTING REPORT AND RECOMMENDATIONS in its entirety; further Plaintiff's Complaint is DISMISSED for failure to state a claim under 42 U.S.C. 1983, as set forth. Signed by Honorable Robert T. Dawson on March 13, 2014. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION TOM EDWARD HENDERSON PLAINTIFF v. Case No. 13-2126 SERGEANT LAMBERT and MRS. JEANETTA, both working at the Sebastian County Detention Center and both sued in their individual and official capacities DEFENDANTS ORDER Now on this 13th day of March 2014, there comes on for consideration the report and recommendation filed herein on January 31, 2014, by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. (Doc. 18). Plaintiff did not file 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 Complaint is DISMISSED for failure to state a claim under 42 U.S.C. § 1983. See 28 U.S.C. § 1915(e)(2)(B) & 1915A(b)(IFP action may be dismissed on such grounds at any time). Plaintiff is advised that this dismissal is considered a “strike” for purposes of the Prison Litigation Reform Act. 28 U.S.C. § 1915(g). IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

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