Washington v. Miller et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 6 Report and Recommendations, and dismissing Plaintiff's claims. The Clerk is directed to place a §1915(g) strike flag on this case. Signed by Honorable Harry F. Barnes on June 2, 2010. (cap)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION ANTHONY A. WASHINGTON PLAINTIFF V. CASE NO. 10-CV-4054 SGT. ALICER MILLER, Miller County Correctional Facility; OFFICER RHONE, Miller County Correctional Facility; OFFICER HENSON, Miller County Correctional Facility; WARDEN G. TURNER, Miller County Correctional Facility; and SHERIFF RON STOVALL DEFENDANTS ORDER Before the Court is the Report and Recommendation filed May 11, 2010, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. 6). Judge Bryant recommends that this case be dismissed prior to service because the claims asserted are frivolous and/or fail to state claims upon which relief may be granted. See 28 U.S.C. 1915A(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 claims are DISMISSED. The dismissal of this case constitutes 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 2nd day of June, 2010. /s/ Harry F. Barnes Hon. Harry F. Barnes United States District Judge

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