McClain v. Storey et al

Filing 10

ORDER adopting 9 Report and Recommendations. Plaintiff's Complaint is dismissed with prejudice. The Clerk of Court is directed to place a §1915(g) strike on the case. Signed by Honorable Timothy L. Brooks on April 3, 2014. (adw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION JAMES LEE McCLAIN V. PLAINTIFF No. 13-5245 WILLIAM STOREY, Circuit Court Judge; JOHN THREET, Prosecuting Attorney; CHARLES DUELL, Prosecuting Attorney; DENNY HYSLIP, Supervising Public Defender; BLAKE CHANCELLOR, Public Defender; and ROBERT SCOTT PARKS, Public Defender DEFENDANTS ORDER On this 3rd day of April, 2014, there comes on for consideration the Report and Recommendation (Doc. 9) filed in this case on March 14, 2014, by the Honorable Erin L. Setser, United States Magistrate for the Western District of Arkansas. Fourteen (14) days have passed without objections being filed by the parties. The Court has reviewed this case and, being well and sufficiently advised, finds as follows: the Report and Recommendation is proper and should be and hereby is ADOPTED IN ITS ENTIRETY. Accordingly, for the reasons stated in the Magistrate Judge’s Report and Recommendation, Plaintiff’s Complaint is DISMISSED WITH PREJUDICE. The dismissal of this action constitutes a strike under 28 U.S.C. § 1983, and therefore, the Clerk of the Court is directed to place a §1915(g) strike on the case. IT IS SO ORDERED. /s/ Timothy L. Brooks Timothy L. Brooks United States District Judge

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