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)

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