Fargis, Jr v. Waxley

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
JOHN ALVIN FARGIS, JR. 	PLAINTIFF
v. 	Case No. 1:25-cv-01007
OFFICER T. WAXLEY 	DEFENDANT
ORDER
Before the Court is the Report and Recommendation filed March 4, 2025, by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No.
7). 	Judge Bryant recommends that Plaintiff’s case be dismissed pursuant to 28 U.S.C. §
1915A(b)(1) for failure to state a claim upon which relief may be granted.
Plaintiff has not responded to the Report and Recommendation, and the time to do so has
passed. See 28 U.S.C. § 636(b)(1). Upon review, finding no clear error on the face of the record
and that Judge Bryant’s reasoning is sound, the Court adopts the Report and Recommendation
(ECF No. 7) in toto. Thus, the Court finds that Plaintiff’s Complaint (ECF No. 1) should be and
hereby is DISMISSED WITHOUT PREJUDICE. 	Plaintiff is warned that, in the future, this
dismissal may be counted as a strike for purposes of 28 U.S.C. § 1915(b)(1), and thus the Clerk is
directed to place a § 1915(g) strike flag on the case for future judicial consideration.
IT IS SO ORDERED, this 7th day of April, 2025.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
Case 1:25-cv-01007-SOH Document 8 Filed 04/07/25 Page 1 of 1 PageID #:
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