Robinson v. Arnold et al
ORDER ADOPTING 6 REPORT AND RECOMMENDATIONS. Accordingly, Defendant's motion to DISMISS WITHOUT PREJUDICE. Signed by Honorable Susan O. Hickey on December 30, 2016. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
Civil No. 6:16-cv-6036
MAJOR P. ARNOLD, et al.
Before the Court is the Report and Recommendation filed December 7, 2016, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 6). Plaintiff is a prisoner currently incarcerated in the Arkansas Department of
Correction Ouachita River Unit. Plaintiff filed a pro se action pursuant to 42 U.S.C. § 1983
alleging that his constitutional rights were violated because he is required to wear a spit-mask
and restraints while undergoing his kidney dialysis treatment. (ECF No. 1). Judge Bryant
recommends that Plaintiff’s claims against all Defendants should be dismissed pursuant to 28
U.S.C. §§ 1915(e)(2)(B)(i-iii) and 1915A(a) because none of Plaintiff’s allegations can be
construed as valid claims for violation of federal law or the United States Constitution. In
addition, Judge Bryant recommends that the dismissal of the action be considered a “strike”
pursuant to 28 U.S.C. § 1915(g).
No party has filed objections to the Report and Recommendation, and the time to object
See 28 U.S.C. § 636(b)(1).
Recommendation in toto.
Upon review, the Court adopts the Report and
Accordingly, Defendant’s motion is DISMISSED WITHOUT
PREJUDICE. In addition, the Clerk of Court is directed to place a § 1915(g) strike flag on the
IT IS SO ORDERED, this 30th day of December, 2016.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge
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