Penny v. Clay et al

Filing 10

JUDGMENT re 9 Order Adopting Report and Recommendations and dismissing case with prejudice. Signed by Judge James M. Moody on 3/9/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION JAMES PENNY ADC #106289 V. ESSIE E. CLAY, Disciplinary Hearing Officer East Arkansas Regional Unit, et al. JUDGMENT Consistent with the Order that was entered on this day, it is CONSIDERED, ORDERED, and ADJUDGED that the Complaint is DISMISSED, WITH PREJUDICE, for failing to state a claim upon which relief may be granted. The dismissal constitutes a "strike" as defined by 28 U.S.C. 1915(g). Further, the Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from this Judgment and the accompanying Order would not be taken in good faith. Dated this 9th day of March, 2009. 2:09CV00005 JMM/JTR PLAINTIFF DEFENDANTS UNITED STATES DISTRICT JUDGE

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