Morrison v. Brazell et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 11 Report and Recommendations; denying 6 Motion for Leave to Proceed in forma pauperis and Plaintiff's Amended Complaint is hereby dismissed without prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(i-iii) and 1915A(a). Signed by Honorable Susan O. Hickey on April 8, 2013. (cap)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
COTY JAMES MORRISON
V.

PLAINTIFF
CASE NO. 4:12-cv-4084

WARDEN MARTY BRAZELL;
and CAPTAIN STEVE HARTLINE

DEFENDANTS

ORDER
Before the Court is the Report and Recommendation filed March 19, 2013 by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 11).
Judge Bryant recommends that Plaintiff’s Motion for Leave to Proceed in forma pauperis be denied
and that his Amended Complaint be dismissed for failure to state a 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 Motion for Leave to Proceed in forma pauperis (ECF No. 6) is hereby DENIED
and Plaintiff’s Amended Complaint (ECF No. 5) is hereby DISMISSED WITHOUT PREJUDICE
pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(i-iii) and 1915A(a).
IT IS SO ORDERED, this 8th day of April, 2013.

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