Whitt v. United States of America
Filing
10
ORDER 8 ADOPTING REPORT AND RECOMMENDATIONS and Dismissing Case Without Prejudice. The clerk is directed to place a STRIKE FLAG on this case. Signed by Honorable Timothy L. Brooks on September 2, 2015. (src)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
PLAINTIFF
GREGORY K. WHITT
v.
CASE NO.: 5:15-CV-5157
DEFENDANT
UNITED STATES OF AMERICA
ORDER
Comes on for consideration the Report and Recommendation (Doc. 8) filed in this
case on July 27, 2015, by the Honorable Erin L. Setser, United States Magistrate Judge
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 (Doc. 1) is DISMISSED
WITHOUT PREJUDICE, as the claims are barred by sovereign immunity. See Roth v.
United States, 476 Fed. Appx. 95 (8th Cir. 2012) (per curiam) (observing that sovereign
immunity is jurisdictional in nature, and dismissal on that ground must therefore be without
prejudice). The dismissal of this case constitutes a strike under 28 U.S.C. § 1915(g), and
the Clerk of the Court is directed to pla~ a strike fla{ f the case.
IT IS SO ORDERED on
this ~ day of Se •tember, 2015.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?