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)

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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

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