Cody v. Erma et al
ORDER 33 adopting Report and Recommendations; granting 25 Motion to Dismiss for Failure to State a Claim; denying as moot 30 Motion to Stay; denying as moot 35 Motion for Hearing; denying as moot 28 Motion for Default Judgment. This dismissal is considered a STRIKE. Signed by Honorable Robert T. Dawson on January 7, 2014. (src)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
Case No. 10-6070
MS. MARGARET, Probation and Parole
Office; and MS. RHONDA WARE, Probation
and Parole Office
Now on this 7th day of January 2014, there comes on for
November 12, 2013, by the Honorable James R. Marschewski, United
States Magistrate Judge for the Western District of Arkansas.
Also before the Court are Plaintiff’s objections.
The court has reviewed this case de novo and, being well and
recommendation is proper and should be and hereby is adopted in its
Accordingly, Defendants’ Motion to Dismiss (doc. 25) is
GRANTED, and Plaintiff’s claims are DISMISSED WITH PREJUDICE as the
claims are frivolous, fail to state claims upon which relief may be
granted, or are against parties immune from suit.
See 28 U.S.C. §
1915(e)(2)(B)(i)-(iii)(IFP action may be dismissed on such grounds
considered a “strike” for purposes of the Prison Litigation Reform
Act. 28 U.S.C. § 1915(g). Finally, Plaintiff’s Motion for Default
Judgment (doc. 28), Defendants’ Motion to Stay (doc. 30) and
Plaintiff’s Motion for Hearing (doc. 35) are DENIED AS MOOT.
IT IS SO ORDERED.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge
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