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)

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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.

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