Burton v. Moritz et al

Filing 8

JUDGMENT ADOPTING REPORT AND RECOMMENDATIONS for 7 Report and Recommendations. Plaintiff's claims are dismissed without prejudice. The Clerk is directed to place a § 1915(g) strike flag on the case. Signed by Honorable Susan O. Hickey on January 3, 2012. (cap)

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

CALVIN O’NEAL BURTON

VS.

PLAINTIFF

Civil No. 4:11-cv-4105

BILLY MORITZ, Attorney;
PHILLIPS HARRIS, Assistant
Prosecuting Attorney

DEFENDANTS
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 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.
Plaintiff remains liable for the $350 filing fee under the provisions of the Prison Litigation
Reform Act (PLRA). 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 3rd day of January, 2012.

/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District Judge