Mitchell v. Sanders et al

Filing 21

ORDER ADOPTING 18 REPORT AND RECOMMENDATIONS in its entirety. Accordingly, Defendant's 13 Motion to Dismiss is granted, and Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE as set forth. Signed by Honorable Robert T. Dawson on September 25, 2014. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
JUSTICE A. MITCHELL
v.

PLAINTIFF
Case No. 13-6102

SHERIFF LARRY SANDERS,
Garland County, Arkansas

DEFENDANT
ORDER

Now on this 25th day of September 2014, there comes on for
consideration the report and recommendation filed herein on April
11, 2014, by the Honorable James R. Marschewski, United States
Magistrate Judge for the Western District of Arkansas.
Also before the Court are Plaintiff’s objections.

(Doc. 18).

(Doc. 19).

The court has reviewed this case de novo and, being well and
sufficiently

advised,

finds

as

follows:

The

report

and

recommendation is proper and should be and hereby is adopted in its
entirety.

Accordingly, Defendant’s Motion to Dismiss (doc. 13) is

GRANTED, and Plaintiff’s Complaint is DISMISSED WITHOUT PREJUDICE
as the claims are frivolous and fail to state claims upon which
relief may be granted.

See 28 U.S.C. § 1915A(b).

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)