Nolen v. Gates et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS 5 and dismissing plaintiff's complaint without prejudice; counting this dismissal as a "strike"; and certifying that an ifp appeal taken from the order and judgment would not be taken in good faith. Signed by Judge Susan Webber Wright on 5/27/10. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS BATESVILLE DIVISION MICHAEL CHARLES NOLEN ADC #131094 V. LINDA GATES et al. ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young, and the objections filed. 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 complaint is DISMISSED WITHOUT PREJUDICE for failure to state a NO: 1:10CV00036 SWW DEFENDANTS PLAINTIFF

claim upon which relief may be granted. 2. 3. This dismissal counts as a "strike" for purposes of 28 U.S.C. § 1915(g). The Court certifies that an in forma pauperis appeal taken from the order and

judgment dismissing this action is considered frivolous and not in good faith. DATED this 27th day of May, 2010. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE