Titus v. Omega Center

Filing 27

ORDER adopting #26 Report and Recommendations in toto. Plaintiff's Complaint #2 is hereby DISMISSED WITHOUT PREJUDICE. The Clerk of Court is hereby directed to place a 1915(g) strike flag on this case for future judicial consideration. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this dismissal will not be taken in good faith. Signed by Honorable Susan O. Hickey on June 6, 2024. (jlm)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
MICHAEL TITUS
v.

PLAINTIFF
Case No. 6:24-cv-6056

OMEGA CENTER

ORDER

DEFENDANT

Before the Court is a Report and Recommendation (“R&R”) issued by the Honorable Barry
A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 26.
After screening Plaintiff’s claims pursuant to 28 U.S.C. § 1915A, Judge Bryant recommends that
Plaintiff’s Complaint (ECF No. 7) be dismissed without prejudice for failure to state a claim upon
which relief can be granted. Judge Bryant further recommends that a strike flag be placed on this
case pursuant to 28 U.S.C. § 1915(g) for future judicial consideration and that the Court certify
pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from such a dismissal would not be taken in
good faith. Plaintiff has not filed an objection to the R&R and the time to do so has passed. See
28 U.S.C. § 636(b)(1).
Upon review, finding that there is no clear error on the face of the record and that Judge
Bryant’s reasoning is sound, the Court adopts the R&R (ECF No. 8) in toto. Plaintiff’s Complaint
(ECF No. 2) is hereby DISMISSED WITHOUT PREJUDICE. The Clerk of Court is hereby
directed to place a § 1915(g) strike flag on this case for future judicial consideration. The Court
certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this dismissal will not be taken
in good faith.
IT IS SO ORDERED, this 6th day of June, 2024.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge