Stebbins v. Marczuk et al

Filing 6

ORDER ADOPTING 5 , REPORT AND RECOMMENDATIONS in toto, and the ***Civil Case Terminated, and dismissed with prejudice. As such the clerk is directed to place a 1915(g) flag on the case. Signed by Honorable P. K. Holmes, III on May 10, 2012. (sh)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
DAVID STEBBINS
v.

PLAINTIFF
Case No. 3:12-CV-03039

LEW MARCZUK, Public Defender; and
TIMOTHY BUNCH, Public Defender

DEFENDANTS
ORDER

Currently before the Court is the Report and Recommendation (Doc. 5) filed in this case on
April 5, 2012, by the Honorable James R. Marschewski, Chief United States Magistrate for the
Western District of Arkansas. More than fourteen (14) days have passed without objections being
filed by the parties.
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 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. All motions remaining pending in this matter
are DENIED AS MOOT.
IT IS SO ORDERED this 10th day of May, 2012.

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