Demos v. United States of America

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 9 Report and Recommendations. Further, this case is DISMISSED on the grounds that theclaims are frivolous and fail to state claims upon which relief maybe granted. See 28 U.S.C. § 1915(e)(2)(B)(i)-(iii)(IFP action maybe dismissed on such grounds at any time. Signed by Honorable Robert T. Dawson on November 17, 2008. (dmc)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION JOHN ROBERT DEMOS v. UNITED STATES OF AMERICA ORDER Now on this 17TH day of November 2008, comes on for No. 08-6055 DEFENDANT PLAINTIFF

consideration the report and recommendation filed herein on October 7, 2008, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. objections were filed. The court has reviewed finds this as case and, being The well and and (Doc. 9). No

sufficiently

advised,

follows:

report

recommendation is proper and should be and hereby is adopted in its entirety. is revoked Accordingly Plaintiff's in forma pauperis (IFP) status under the three-strikes provision of 28 U.S.C. §

1915(g).

Further, this case is DISMISSED on the grounds that the

claims are frivolous and fail to state claims upon which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(i)-(iii)(IFP action may

be dismissed on such grounds at any time. The clerk of this court is directed to provisionally file any new action in which John R. Demos seeks to proceed IFP. The

magistrate judge shall then review the action and, if it is a civil action, rather than a criminal or habeas one, and, if Demos has not asserted a valid claim that he is under imminent danger of serious

AO72A (Rev. 8/82)

physical injury, the magistrate judge shall recommend that IFP status be denied. IT IS SO ORDERED this 17th day of November 2008. /s/ Robert T. Dawson HONORABLE ROBERT T. DAWSON UNITED STATES DISTRICT JUDGE

AO72A (Rev. 8/82)