Penny v. Clay et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS 6 dismissing case with prejudice for failure to state a claim on which relief may be granted; and certifying that this action constitutes a strike and that an ifp appeal taken from this Order and the accompanying Judgment would not be taken in good faith. 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. ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering these documents and making a de novo review of the record in this case, 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 2:09CV00005 JMM/JTR PLAINTIFF DEFENDANTS DISMISSED, WITH PREJUDICE, for failing to state a claim on which relief may be granted. 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 9th day of March, 2009. UNITED STATES DISTRICT JUDGE

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