Lee v. Ross

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 8 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 February 14, 2014. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION BRIAN E. LEE VS. PLAINTIFF Civil No. 4:13-cv-4125 HEATH ROSS DEFENDANT ORDER Before the Court is the Report and Recommendation filed January 24, 2014 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 8). 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 pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(i-iii) and 1915A(a). 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 14th day of February, 2014. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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