Lollis v. Courtney et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 7 Report and Recommendations, and dismissing Plaintiff's Complaint as it fails to state a claim under Section 1983. This case is considered a "strike" pursuant to the"three strikes" provision of the in forma pauperis statute, 28 U.S.C. § 1915(g) and the Clerk of Court is directed to place the appropriate flag on this case. Signed by Honorable Harry F. Barnes on September 27, 2010. (cap)

Lollis v. Courtney et al

Doc. 8

IN THE UNITED STATES DISTRICT COURT WESTERN DIVISION OF ARKANSAS TEXARKANA DIVISION LARRY WAYNE LOLLIS VS. Civil No. 10-CV-4018 DEFENDANTS ORDER Now on this 27th day of September, 2010, comes on for consideration the proposed findings and recommendations filed herein on August 31, 2010, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. Fourteen (14) days having passed without objections being filed by the parties, the Court hereby adopts in toto the findings and recommendations. Accordingly, the Court finds that the Plaintiff's Complaint should be and is hereby dismissed as it fails to state a claim under Section 1983. This case is considered a "strike" pursuant to the "three strikes" provision of the in forma pauperis statute, 28 U.S.C. § 1915(g) and the Clerk of Court is directed to place the appropriate flag on this case. Further, the Court finds that Plaintiff remains liable for the filing fee. See e.g., In re Tyler, 110 F.3d 538, 529-30 (8th Cir. 1997) (holding even if the petition is dismissed, the full filing fee is still assessed because the PRLA makes prisoners responsible for their filing fees the moment the prisoner brings a civil action or file an appeal). IT IS SO ORDERED. PLAINTIFF

DETECTIVE JIMMY COURTNEY, et al.

. . .

/ s / Harry F. Barnes HARRY F. BARNES U.S. DISTRICT JUDGE

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