Harrington v. Evans et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS 10 dismissing case with prejudice; dismissal of this action constituting a "strike" and any ifp appeal from any Order adopting these Recommendations would not be taken in good faith. Signed by Judge Brian S. Miller on 1/27/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS BATESVILLE DIVISION LOUIS HARRINGTON ADC # 96313 V. 1:08CV00068 BSM PLAINTIFF

MARVIN EVANS, Warden, North Central Unit, Arkansas Department of Correction; and TINA BRANSCUM, Officer, North Central Unit, Arkansas Department of Correction ORDER

DEFENDANTS

The court has reviewed the proposed findings and recommended disposition submitted by United States Magistrate Judge H. David Young and plaintiff's objections. After carefully considering plaintiff's objections and making a de novo review of the record in this case, the court concludes that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety as this court's findings in all respects. IT IS THEREFORE ORDERED that: 1. This action is DISMISSED WITH PREJUDICE, and any pending motions are denied as moot; 2. Dismissal of this action shall count as a "strike" for purposes of 28 U.S.C. § 1915(g);1 and
Title 28 U.S.C. § 1915(g) provides that: "In no event shall a prisoner bring a civil action or appeal a judgment in a civil action under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or 1
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3. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from any Order adopting these recommendations would not be taken in good faith.

DATED this 27th day of January, 2009.

_____________________________________ UNITED STATES DISTRICT JUDGE

fails to state a claim upon which relief may be granted . . . ." 2