Elliott v. Norris et al

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS dismissing case with prejudice for failure to state a claim upon which relief may be granted; denying 12 Motion for Reconsideration filed by Christopher D Elliott; certifying that this dismissal counts as a "strike"; and certifying that an ifp appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody on 6/25/10. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS BATESVILLE DIVISION CHRISTOPHER D. ELLIOTT, ADC # 510670 V. 1:10-cv-00001-JMM-JJV DEFENDANTS ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and the parties' objections. After carefully considering the 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. Plaintiff's cause of action is DISMISSED with prejudice for failure to state a claim PLAINTIFF LARRY NORRIS, Director, Arkansas Department of Correction, et al. upon which relief may be granted and his Motion for Reconsideration (Doc. No. 12) is DENIED. 2. 3. Dismissal of this action will count as a "strike" for purposes of 28 U.S.C. 1915(g); The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith. DATED this 25 day of June, 2010. _____________________________________ JAMES M. MOODY UNITED STATES DISTRICT JUDGE

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