Williams v. Stoval et al

Filing 4

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 3 Report and Recommendations, denying 2 application to proceed in forma pauperis, and Plaintiff's claims are dismissed. Clerk is directed to place a § 1915(g) strike flag on this case. Signed by Honorable Harry F. Barnes on April 8, 2010. (cap)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION

TRACY BERNARD WILLIAMS

PLAINTIFF

V.

CASE NO. 10-CV-4032

SHERIFF RON STOVALL, Miller County, Arkansas; and BRENT HALSTROM, Chief Prosecuting Attorney, Miller County

DEFENDANTS

ORDER Before the Court is the Report and Recommendation filed March 19, 2010, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. 3). Judge Bryant recommends that this case be dismissed because Plaintiff's claims are frivolous. Judge Bryant further recommends that this case be dismissed because Plaintiff fails to state a claim upon which relief may be granted and has filed claims against an individual who is immune from suit. See 28 U.S.C. § 1915(e)(2)(B). Plaintiff has not filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). Therefore, the Court adopts the Report and Recommendation in toto. Accordingly, Plaintiff's request to proceed in forma pauperis is DENIED and Plaintiff's claims are DISMISSED. The dismissal of this case will count as a strike for purposes of 28 U.S.C. § 1915(g). The Clerk is directed to place a § 1915(g) strike flag on this case. IT IS SO ORDERED, this 8th day of April, 2010.

/s/ Harry F. Barnes Hon. Harry F. Barnes United States District Judge