Harper v. Blue et al
JUDGMENT adopting 12 Report and Recommendations. Plaintiff's complaint is dismissed as it fails to state claims upon which relief can be granted. The clerk is instructed to place a 1915(g) strike flag on the case. Signed by Honorable Harry F. Barnes on May 10, 2011. (sh) Modified on 5/10/2011 to edit docket text (mfr).
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EDWARD ARNEILL HARPER
CASE NO. 10-CV-4063
CAPTAIN BELLEW, Texarkana Work
Release Center; BOBBY LONG, Plant
Manager; M&M Milling; and the
TEXARKANA WORK RELEASE
Before the Court is the Report and Recommendation filed September 20, 2010, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
(Doc. 12). Judge Bryant recommends that Planitiff Edward Arneill Harper’s complaint be dismissed
because the claims are frivolous or fail to state claims upon which relief can be granted. Harper has
responded with objections. (Doc. 15).
Harper objects to Judge Bryant’s finding that his complaint fails to state claims upon which
relief can be granted. The Court has conducted a de novo review of the entire file. After careful
consideration, the Court adopts the thorough reasoning of Magistrate Judge Bryant and will dismiss
Harper’s complaint for the reasons stated in the Report and Recommendation dated September 20,
2010 (Doc. 12). Because Judge Bryant correctly concluded that Harper’s complaint fails to state
claims upon which relief can be granted, Harper’s objections to the Report and Recommendation are
For reasons stated herein and above, as well as those contained in Judge Bryant’s Report and
Recommendation (Doc. 12), Plaintiff Harper’s complaint is DISMISSED. The dismissal of this
case will constitute a strike under the provisions of 28 U.S.C. § 1915(g). The clerk is instructed to
place a § 1915(g) strike flag on the case.
IT IS SO ORDERED, this 10th day of May, 2011.
/s/ Harry F. Barnes
Hon. Harry F. Barnes
United States District Judge
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