Garner v. Wynn et al

Filing 18

ORDER granting Motions 9 and 14 and Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE, for failure to state a claim upon which relief may be granted and ORDER ADOPTING 17 REPORT AND RECOMMENDATIONS in its entirety. The U.S. District Clerk is directed to appropriately flag the case pursuant to 28 U.S.C. sec. 1915(g). Signed by Honorable Robert T. Dawson on July 9, 2014. (sh)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
PHIL GARNER

PLAINTIFF

V.

Civil No. 13-6117

O.A. WYNN, et al.

DEFENDANTS
O R D E R

On

this

9th

day

of

July

2014,

there

comes

on

for

consideration the report and recommendation filed in this case
on May 6, 2014, by the Honorable Barry A. Bryant, United States
Magistrate for the Western District of Arkansas.

(Doc. 17).

No

objections were filed to the report and recommendation.1
The court has reviewed this case 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.
(docs.

9

&

14)

Accordingly, Defendants’ Motions to
are

GRANTED,

and

Plaintiff’s

Dismiss

Complaint

is

DISMISSED WITHOUT PREJUDICE for failure to state a claim upon
which relief may be granted.

28 U.S.C. § 1915A(b).

The

dismissal of this action will constitute a “strike” under 28
U.S.C. § 1915(g), and the U.S. District Clerk is directed to
appropriately flag the case.
1

The Court notes that Plaintiff’s copy of the report and recommendation was returned
as undeliverable. However, no forwarding address was available, and Plaintiff has not
provided the Court with any change of address.

AO72A
(Rev. 8/82)

IT IS SO ORDERED.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge

AO72A
(Rev. 8/82)