Morgan v. Mortiz

Filing 8

JUDGMENT adopting 7 Report and Recommendations in toto; further denying 1 Motion for Leave to Proceed in forma pauperis and plaintiff's claims are dismissed without prejudice; further the dismissal of this action constitutes a strike under the PLRA and the clerk is directed to place a 1915 strike flag on the case. Signed by Honorable Susan O. Hickey on December 23, 2011. (rw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION TINA MORGAN VS. PLAINTIFF Civil No. 4:11-cv-4076 WILLIAMS K. MORITZ, Attorney, Hope, Arkansas DEFENDANT JUDGMENT Before the Court is the Report and Recommendation filed December 5, 2011, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 7. Judge Bryant recommends that Plaintiff’s IFP application be denied. Judge Bryant further recommends that the above-styled case be dismissed without prejudice for failure to state claim upon which relief may be granted. The parties have 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. Plaintiff’s claims are DISMISSED WITHOUT PREJUDICE. The dismissal of this action constitutes a strike under the PLRA. For this reason, the Clerk is directed to place a § 1915(g) strike flag on the case. IT IS SO ORDERED, this 23rd day of December, 2011. /s/ Susan O. Hickey Hon. Susan O. Hickey United States District Judge

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