Simmons v. Felts et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 12 . Case is dismissed with prejudice and clerk is directed to place a 1915(g) flag on the case. Signed by Honorable Timothy L. Brooks on April 17, 2014. (jn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION STEVEN SIMMONS PLAINTIFF V. No. 13-3100 JOHN FELTS, Arkansas Board of Parole; KENT VILLINES, Parole Office Supervisor; and JAMIN B. MARTIN, Parole Officer DEFENDANTS ORDER On this 17th day of April, 2014, there comes on for consideration the Report and Recommendation (Doc. 12) filed in this case on March 18, 2014, by the Honorable James R. Marschewski, Chief United States Magistrate for the Western District of Arkansas. 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. The dismissal of this action constitutes a strike under 28 U.S.C. § 1983, and therefore, the Clerk of the Court is directed to place a §1915(g) strike on the case. IT IS SO ORDERED. /s/ Timothy L. Brooks Timothy L. Brooks United States District Judge

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