Nelson v. Yang

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS 3 and dismissing this case with prejudice as being frivolous: dismissal of this action constitutes a "strike" and the court certifies that an ifp appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge James M. Moody on 10/20/08. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION BRYANT NELSON ADC #601638 V. 2:08CV00172 JMM/JTR PLAINTIFF DR. YANG, East Arkansas Regional Unit, Arkansas Department of Correction, et al. ORDE R DEFENDANT The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, 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. Pursuant to the screening function mandated by 28 U.S.C. 1915A, this case is DISMISSED, WITH PREJUDICE, as being frivolous and redundant of Nelson v. Yang and Moore, 2:08CV00144 WRW/JTR. 2. 1915(g). 3. The Court CERTIFIES, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis Dismissal of this action CONSTITUTES a "strike," as defined by 28 U.S.C. appeal from this Order and the accompanying Judgment would not be taken in good faith. Dated this 20 day of October, 2008. UNITED STATES DISTRICT JUDGE

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