Miller/Perry v. Norris et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS 8 dismissing plaintiff's claims without prejudice and denying all pending motions as moot; and certifying that an ifp appeal would not be taken in good faith. Signed by Judge Brian S. Miller on 8/12/10. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION FRANCES RENEE MILLER/PERRY, ADC# 708998 V. 1:10-cv-00033-BSM-JJV DEFENDANTS PLAINTIFF LARRY NORRIS, Director, Arkansas Department of Correction; et al. ORDER The court has reviewed the recommended disposition submitted by United States Magistrate Judge Joe J. Volpe and plaintiff France Renee Miller/Perry's objections. After carefully reviewing the recommended disposition, Miller/Perry's objections, and reviewing the record de novo, it is concluded that the recommended disposition should be, and hereby is, approved and adopted in all respects in its entirety. Plaintiff's claims are DISMISSED without prejudice and all pending motions are denied as moot. Further, it is hereby certified, pursuant to 28 U.S.C. 1915(a)(3), that this dismissal constitutes a "strike" and that an in forma pauperis appeal would not be taken in good faith. IT IS SO ORDERED this 12th day of August, 2010. ________________________________ UNITED STATES DISTRICT JUDGE

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