Loosey v. Lawarence et al

Filing 21

ORDER approving and adopting 16 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects; granting 9 Defendants' motion to dismiss; dismissing without prejudice the remaining claims in plaintif f Noel Gene Loosey's 2 complaint; and certifying that an in forma pauperis appeal taken from the Order and Judgment dismissing this action is considered frivolous and not in good faith. This dismissal counts as a "strike" for purposes of 28 U.S.C. § 1915(g). Signed by Judge Kristine G. Baker on 5/22/2015. (ljb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION NOEL GENE LOOSEY v. PLAINTIFF Case No. 1:15-cv-00008-KGB-JWC TATE LAWRENCE et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommendations submitted by United States Magistrate Judge Jerry W. Cavaneau (Dkt. No. 16). No objections have been filed, and the time for filing objections has passed. After careful consideration, the Court concludes that the Proposed Findings and Recommendations 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. Defendants’ motion to dismiss is granted (Dkt. No. 9), and the remaining claims in plaintiff Noel Gene Loosey’s complaint are dismissed without prejudice (Dkt. No. 2). 2. This dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g). 3. 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. SO ORDERED this 22nd day of May, 2015. ________________________________ KRISTINE G. BAKER UNITED STATES DISTRICT JUDGE

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