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)

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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)

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