Cincoski v. Richard et al

Filing 120

ORDER ADOPTING 108 Report and Recommendations in their entirety; therefore, defts' summary judgment motions 82 86 are dismissed as moot; dismissal of this action counts as a "strike" for purposes of 28 USC 1915(g); judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 10/5/10. (vjt)

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Cincoski v. Richard et al Doc. 120 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION DANIEL CINCOSKI, ADC # 143538 Plaintiff, vs. * * * * * * * * * * No. 1:09-cv-00038-SWW-JJV RICHARD, Dr., Grimes Unit, Arkansas Department of Correction et al. Defendants. ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe. and Plaintiff's objections. After carefully considering the objections and making a de novo review of the record, 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.1 IT IS THEREFORE ORDERED that: 1. 2. 3. and 4. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis Plaintiff's Complaint is DISMISSED without prejudice; Defendants' summary judgment motions (Doc. Nos. 82, 86) are dismissed as moot; Dismissal of this action counts as a "strike" for purposes of 28 U.S.C. 19195(g); By Order dated September 16, 2010 [doc.#113], the Court inter alia denied plaintiff's most recent motion for the appointment of counsel [doc.#111]. The Court denied that motion for the same reasons plaintiff's previous motions were denied in Orders dated September 4, 2009 [doc.#13], December 21, 2009 [doc.#44], and June 25, 2010 [doc.#95]. In that last Order, plaintiff was instructed not to file any further requests for the appointment of counsel unless instructed to do so by the Court. Plaintiff was not so instructed. 1 appeal from this Order adopting the recommendations would not be taken in good faith. DATED this 5th day of October 2010. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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