Wilmoth v. Felts et al

Filing 12

ORDER adopting 6 Report and Recommendations, Plaintiffs application Doc. 2 to proceed in forma pauperis is DENIED, and Plaintiffs Complaint is DISMISSED WITH PREJUDICE. The Clerk is directed to place a § 1915(g) strike flag on the case. Signed by Honorable P. K. Holmes, III on December 20, 2016. (rg)

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

MICHAEL SHANE WILMOTH
v.

PLAINTIFF
Case No. 5:16-CV-05249

JOHN FELTS, CAROL V. BEHANNAN,
BLAINE MILLER, SHARON DRAPER, and
MARK BURNATHL

DEFENDANTS

ORDER
The Court has received proposed findings and recommendations (Doc. 6) from United States
Magistrate Judge James R. Marschewski. The Plaintiff has filed an objection (Doc. 7) unrelated to
the Complaint.
After careful review, the Court concludes that the findings and recommendations should be,
and hereby are, approved and adopted as this Court’s findings in all respects in their entirety.
IT IS THEREFORE ORDERED that Plaintiff’s application (Doc. 2) to proceed in forma
pauperis is DENIED, and Plaintiff’s Complaint is DISMISSED WITH PREJUDICE as it is
frivolous, fails to state a claim upon which relief may be granted, and seeks relief from Defendants
who are immune from such relief.
The Clerk is directed to place a § 1915(g) strike flag on the case.
Judgment will be entered accordingly.
IT IS SO ORDERED this 20th day of December, 2016.

/s/P. K. Holmes,III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE