Flores v. United States Attorney General et al

Filing 6

JUDGMENT ADOPTING REPORT AND RECOMMENDATIONS for 5 Report and Recommendations. Plaintiff's claims are DISMISSED WITH PREJUDICE. Plaintiff is hereby sanctioned and barred from filing any further complaint or petition in this Court without fir st satisfying the $350.00 sanction and obtaining the permission of a district judge of the Western District of Arkansas to proceed. The Clerk is directed to accept no further pleadings from Plaintiff, except for a request for permission to proceed with filing a new complaint, unless he can demonstrate that he is in imminent danger of serious personal injury. Signed by Honorable Susan O. Hickey on January 25, 2013. (cap)

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

ERIC FLORES

VS.

PLAINTIFF

Civil No. 4:12-cv-4144

UNITED STATES ATTORNEY GENERAL;
UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES; and
SIERRA MEDICAL CENTER, a Public Health Service

DEFENDANTS

JUDGMENT
Before the Court is the Report and Recommendation filed January 3, 2013, by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 5).
Judge Bryant recommends that the above-styled case be dismissed with prejudice for failure to state
claim upon which relief may be granted. Judge Bryant further recommends (1) that the Court impose
a $350 sanction on Plaintiff based upon his history of frivolous and bad faith filings in the Western
District fo Texas; (2) that the Court bar Plaintiff from filing any further complaint or petition in this
Court without first satisfying the $350.00 sanction imposed in this case and obtaining the permission
of a district judge of the Western District of Arkansas to proceed; and (3) that Court direct the Clerk
to accept no further pleadings from Plaintiff, except for a request for permission to proceed with
filing a new complaint, unless he can demonstrate that he is in imminent danger of serious personal
injury.
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).1 Therefore, the Court adopts the Report and
Recommendation in toto. Plaintiff’s claims are DISMISSED WITH PREJUDICE. Plaintiff is
hereby sanctioned and barred from filing any further complaint or petition in this Court without first
satisfying the $350.00 sanction and obtaining the permission of a district judge of the Western
District of Arkansas to proceed. The Clerk is directed to accept no further pleadings from Plaintiff,
except for a request for permission to proceed with filing a new complaint, unless he can
demonstrate that he is in imminent danger of serious personal injury.
IT IS SO ORDERED, this 25th day of January, 2013.

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

1

The Court previously issued an Order to Show Cause directing Plaintiff to show cause
why his Complaint should not be dismissed on grounds of frivolity. (ECF No. 4). That order
was sent to Plaintiff and returned as undeliverable. The Report and Recommendation sent to
Plaintiff has also been returned as undeliverable.