Mayo v. Norris et al

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS 22 and granting 17 Motion to Dismiss filed by defts; dismissing case with prejudice, certifying that an ifp appeal from this order and judgment would not be taken in good faith, and that this action constitutes a "strike". Signed by Judge Brian S. Miller on 12/4/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION RANDY T. MAYO ADC #134578 V. 2:09CV00066 BSM/JTR DEFENDANTS PLAINTIFF LARRY NORRIS, Director, Arkansas Department of Correction, et al. ORDER 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. Defendants' motion to dismiss (Doc. No. 17) is GRANTED, and this case is DISMISSED, WITH PREJUDICE, because plaintiff has failed to state a claim upon 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 Dismissal of this action CONSTITUTES a "strike," as defined by 28 U.S.C. pauperis appeal from this order and the accompanying judgment would not be taken in good f a ith. Dated this 4th day of December, 2009. UNITED STATES DISTRICT JUDGE 2

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