Crowell v. May et al

Filing 13

ORDER ADOPTING 12 REPORT AND RECOMMENDATIONS and granting 9 Motion to Dismiss for Failure to State a Claim. Case is dismissed with prejudice. Signed by Honorable Susan O. Hickey on March 5, 2013. (tg)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION DANNY L. CROWELL vs. PLAINTIFF Civil No. 12-CV-6012 LARRY MAY; WARDEN REED; SERGEANT HEIDE; and CORPORAL SCHMITT DEFENDANTS ORDER Before the Court is the Report and Recommendation filed February 8, 2013, by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 12). Judge Marschewski recommends that Defendants’ Motion to Dismiss (ECF No. 9) be granted and that the above-styled case be dismissed with prejudice. Plaintiff has not filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1)(C). Upon review, the Court adopts the Report and Recommendation in toto. The Court finds that Defendant’s Motion to Dismiss (ECF No. 12) should be and hereby is GRANTED and the above-styled case is DISMISSED WITH PREJUDICE. This dismissal will count as a strike under the Prison Litigation Reform Act, and the Clerk should be directed to place a §1915(g) strike flag on the case. IT IS SO ORDERED, this 5th day of March, 2013. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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