Nolen v. Halpern et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS 12 dismissing this action and denying all pending motions as moot 15 . Signed by Chief Judge J. Leon Holmes on 5/28/10. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS BATESVILLE DIVISION MICHAEL CHARLES NOLEN, ADC # 131094 v Case No. 1:10CV00006 JLH-JJV PLAINTIFF J. HALPERN, Grimes Unit, Arkansas Department of Correction; BRENDA BRIDGEMAN, Mental Health, Grimes Unit, Arkansas Department of Correction; CARTER, Sgt., Grimes Unit, Arkansas Department of Correction; McCLOUD, Ms., Store Clerk, Grimes Unit, Arkansas Department of Correction; and HEIR, Maj., Grimes Unit, Arkansas Department of Correction ORDE R DEFENDANTS The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and the Plaintiff's 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 this action is DISMISSED and all pending motions are denied as moot, and that dismissal of this action counts as a "strike" for purposes of 28 U.S.C. 1915(g).1 IT IS FURTHER ORDERED that the Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that 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 fails to state a claim upon which relief may be granted . . . ." 1 1 an in forma pauperis appeal from any Order adopting these recommendations would not be taken in good faith. DATED this 28th day of May, 2010. __________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE 2

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