Forrest et al v. Bowers et al

Filing 29

ORDER adopting 21 Partial Report and Recommendations in their entirety; therefore, pltf Steven Donnell Cody's complaint is DISMISSED WITH PREJUDICE, and Cody's name is removed as a party pltf; this dismissal counts as a "strike" with respect to Cody. Signed by Chief Judge J. Leon Holmes on 5/31/11. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS BATESVILLE DIVISION KEITH TYLER FORREST; STEVEN DONNELLE CODY; LARRY ERVIN; and TONY BRANSCUM v. PLAINTIFFS NO. 1:11CV00026 JLH/HDY KEITH BOWERS, et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Partial Recommended Disposition submitted by United States Magistrate Judge H. David Young. No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Partial 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 Steven Donnell Cody’s complaint is DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted, and Cody’s name is removed as a party Plaintiff. 2. This dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g), with respect to Cody. 3. The Court certifies that an in forma pauperis appeal taken from this order is considered frivolous and not in good faith. IT IS SO ORDERED this 31st day of May, 2011. UNITED STATES DISTRICT JUDGE

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