Robertson v. Page et al

Filing 8

ORDER ADOPTING 5 Report and Recommendations in their entirety; therefore, pltf's constitutional claims are dismissed with prejudice and the state law claims are dismissed without prejudice; this dismissal counts as a "strike"; the Court certifies that an ifp appeal taken from this Order and Judgment would be frivolous and not taken in good faith; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 4/6/11. (vjt)

Robertson v. Page et al

Doc. 8

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION MICHAEL D. ROBERTSON ADC # 136346 V. CASE NO.: 1:11CV00024 SWW/BD DEFENDANTS

PLAINTIFF

JOE PAGE, III AND JOHN MAPLES, JR. ORDER

The Court has received the Recommended Disposition from Magistrate Judge Beth Deere. After careful review of the recommendation, the timely objections received thereto, as well as a de novo review of the record, the Court concludes that the Recommended Disposition should be, and hereby is, approved and adopted as this Court's findings in all respects in its entirety. Mr. Robertson's constitutional claims are DISMISSED with PREJUDICE for failure to state a claim for relief under 42 U.S.C. § 1983. The Court declines to exercise jurisdiction over Mr. Robertson's state law claim and DISMISSES that claim WITHOUT prejudice. This dismissal counts as a "strike" for purposes of 28 U.S.C. § 1915(g), and the Court certifies that an in forma pauperis appeal taken from this order and judgment would be frivolous and not taken in good faith. IT IS SO ORDERED this 6th day of April, 2011.

/s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

Dockets.Justia.com