Pryor v. Stamps et al

Filing 10

ORDER ADOPTING 5 REPORT AND RECOMMENDATIONS and dismissing case with prejudice. Signed by Honorable Jimm Larry Hendren on August 31, 2012. (tg)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
THERESA PRYOR

PLAINTIFF

v.

Civil No. 12-5166

BETTE STAMPS, Court Clerk;
CORPORAL ROY KNOTTS;
OFFICER BLAKE WILLIAMSON;
SERGEANT JOHN DOE; and
KRISTY BURTON, Parole Officer

DEFENDANTS

O R D E R
Now

on

this

31st

day

of

August,

2012,

comes

on

for

consideration the Magistrate Judge’s Report and Recommendation
(document #5). The Court, being well and sufficiently advised,
finds and orders as follows:
1.

The

Magistrate

Judge

recommends

that

this

case

be

dismissed pursuant to the three-strikes provision of the Prison
Litigation Reform Act, 28 U.S.C. § 1915(g), which states that a
prisoner shall not be allowed to bring a civil action if the
prisoner has previously brought three or more actions, while
incarcerated, that were dismissed as frivolous, malicious, or
failing to state a claim upon which relief may be granted, unless
the prisoner is under imminent danger of serious physical injury.
2.

Plaintiff has, in fact, had more than three prior cases

dismissed as frivolous and has had at least two cases dismissed
pursuant to the three-strikes provision.
3.

Plaintiff’s complaint makes no allegation that she is

currently under imminent danger of serious physical injury.
4.

Plaintiff has filed a lengthy document that purports to

be a statement of objections to the Report and Recommendation
(document #9). The document, much of which is illegible, does not
appear to address the recommendations of the Magistrate Judge at
all and, instead, appears to be a restatement of plaintiff’s
allegations against the defendants.
5.

The Court finds that the Report and Recommendation is

sound and that plaintiff has stated neither law nor fact to refute
the recommendation.
IT IS THEREFORE ORDERED that plaintiff’s objections to the
Report and Recommendation (document #9) are overruled, and the
Magistrate Judge’s Report and Recommendation (document #5) is
adopted in toto;
IT IS FURTHER ORDERED that, for the reasons stated in the
Report and Recommendation, plaintiff’s complaint is dismissed with
prejudice. The Clerk is directed to place a § 1915(g) strike flag
on the case.
IT IS SO ORDERED.
/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE

-2-