Scott v. Batson et al

Filing 12

ORDER adopting Report and Recommendations in its entirety re 11 Report and Recommendations; denying as moot 3 Motion to Appoint Counsel. Finally, the U.S. District Clerk is directed to collect the $350.00 filing fee from Plaintiff. Plaintiffs Complaint is DISMISSED on the grounds that Plaintiff fails to state claims on which relief can be granted.Signed by Honorable Robert T. Dawson on March 15, 2010. (dmc)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION JOHN D. SCOTT v. Case No. 09-6079 PLAINTIFF BLAKE BASTON, Prosecuting Attorney, Clark County; RHONDA WARE, Probation Officer, Clark County; ROBERT MCCALLUM, Circuit Judge, Clark County ORDER DEFENDANTS Now on this 15th day of March 2010, there comes on for consideration the report and recommendation filed herein on January 28, 2010, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. Plaintiff has not filed timely, written objections.1 The court has reviewed finds this as case and, being The (Doc. 11). well and and sufficiently advised, follows: report recommendation is proper and should be and hereby is adopted in its entirety. Accordingly, Plaintiff's Motion to Proceed IFP (doc. 1) is DENIED, and Plaintiff's Complaint is DISMISSED on the grounds that Plaintiff fails to state claims on which relief can be granted. See 28 U.S.C. 1915(e)(2)(B)(i)-(iii)(IFP action may be dismissed on such grounds at any time). Further, this dismissal is considered a "strike" pursuant to the "three strikes" provision of 28 U.S.C. 1915(g), and the U.S. District Clerk is directed to 1 The Report and Recommendation was mailed to Plaintiff but returned for insufficient postage. A copy was remailed to Plaintiff on February 2, 2010, therefore, the Court allowed additional time for Plaintiff to file objections. The Court has not received any communication from Plaintiff as of the date of this Order. AO72A (Rev. 8/82) appropriately flag this case. Finally, the U.S. District Clerk is directed to collect the $350.00 filing fee from Plaintiff, and Plaintiff's Motion to Appoint Counsel (doc. 3) is DENIED AS MOOT. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

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