Tully v. Wal-Mart et al

Filing 8

ORDER ADOPTING 7 REPORT AND RECOMMENDATION IN ITS ENTIRETY; DISMISSING case and directing the Clerk to place a § 1915(g) strike flag on the case. Signed by Honorable Timothy L. Brooks on February 5, 2024. (lgd)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
RONALD LEE TULLY, JR.
V.

PLAINTIFF
CASE NO. 5:23-CV-05192

WAL-MART; DUSTIN LE;
and KLAYTON HOLT

DEFENDANTS
ORDER

Now before the Court is the Report and Recommendation (Doc. 7) of the
Honorable Christy Comstock, 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, the case is DISMISSED pursuant to 28

U.S.C. §1915A(b)(1) for failure to state a claim upon which relief may be granted.
Plaintiff is warned that, in the future, this dismissal may be counted as a strike for
purposes of 28 U.S.C. § 1915(g) and thus, the Clerk is directed to place a § 1915(g)
strike flag on the case for future judicial consideration.

Finally, pursuant to 28 U.S.C.

§ 1915(a)(3), the Court finds that any appeal from this dismissal would not be taken in
good faith.
IT IS SO ORDERED on this 5th day of February, 2024.
/s/ Timothy L. Brooks
TIMOTHY L. BROOKS
UNITED STATES DISTRICT JUDGE