Bates v. Ferguson et al

Filing 4

ORDER ADOPTING 3 REPORT AND RECOMMENDATIONS and dismissing case without prejudice. This dismissal is considered a "strike" for PLRA purposes because claims are frivolous and fail to state claims upon which relief may be granted. Signed by Honorable Jimm Larry Hendren on October 26, 2009. (src) Modified on 10/26/2009 to add text (src). Modified on 10/27/2009 to correct text (src).

IN THE UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF ARKANSAS F A Y E T T E V I L L E DIVISION

J A S O N ANDREW BATES v. S H E R I F F KEITH FERGUSON; C A P T A I N ROBERT HOLLY; D E P U T Y MORRISON; DEPUTY HENNING ORDER Now on this the 26th Report day and of October, 2009, of comes the C i v i l No. 09-5192

PLAINTIFF

DEFENDANTS

on

for

consideration

Recommendation

Magistrate

J u d g e , Hon. James R. Marschewski (document #3, filed September 9, 2 0 0 9 ) , in this matter, to which no objections have been filed, and the Court, having carefully reviewed said Report and

R e c o m m e n d a t i o n , finds that it is sound in all respects, and that it s h o u l d be adopted in toto. I T IS THEREFORE ORDERED that the Magistrate Judge's Report and R e c o m m e n d a t i o n is adopted in toto. I T IS FURTHER ORDERED that, for the reasons stated in the M a g i s t r a t e Judge's Report and Recommendation, plaintiff's in forma pauperis application is hereby denied and the complaint is

d i s m i s s e d without prejudice. lawsuit is considered a

Additionally, the dismissal of this for purposes of the Prison

"strike"

L i t i g a t i o n Reform Act (PLRA), Section 1915(g). IT IS SO ORDERED.

/ s / J i m m Larry Hendren H O N . JIMM LARRY HENDREN U N I T E D STATES DISTRICT JUDGE