McGee v. Arkansas, State of et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 6 Report and Recommendations, and dismissing Plaintiff's Complaint. This dismissal is considered a strike for purposes of Prison Litigation Reform Act, 28 U.S.C. § 1915(g). Signed by Honorable Robert T. Dawson on June 10, 2011. (cap)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION DARRYL JEROME MCGEE PLAINTIFF v. Case No. 10-6096 STATE OF ARKANSAS, et al. DEFENDANTS ORDER Now on this 10th day of June 2011, there comes on for consideration the report and recommendation filed herein on May 9, 2011, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. 6). Plaintiff did not file timely, written objections. The court sufficiently has reviewed advised, finds this as case and, follows: being The well and report and recommendation is proper and should be and hereby is adopted in its entirety. Accordingly, Plaintiff’s Complaint is DISMISSED as the claims are frivolous or fail to state claims upon which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii)(IFP action may be dismissed on such grounds at any time). Plaintiff is advised that this dismissal is considered a “strike” for purposes of the Prison Litigation Reform Act. 28 U.S.C. § 1915(g). IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

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