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)

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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

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