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)

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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

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