Mayo v. Norris et al

Filing 8

ORDER adopting 5 Report and Recommendations in their entirety; therefore, this action is hereby DISMISSED; this dismissal shall count as a "strike" pursuant to 28 USC 1915(g); the Court certifies that an ifp appeal from any Order adopting these recommendations would not be taken in good faith; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 7/13/09. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION RANDY T. MAYO ADC # 134578 v. LARRY NORRIS, et al. ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young and Plaintiff's objections. After carefully considering Plaintiff's objections 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 this action is DISMISSED, and that dismissal of this action shall count as a "strike" for purposes of 28 U.S.C. § 1915(g).1 IT IS FURTHER ORDERED that the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from any Order adopting these recommendations would not be taken in good faith. DATED this 13th day of July, 2009. __________________________________ UNITED STATES DISTRICT JUDGE No. 2:09CV00067 JLH DEFENDANTS PLAINTIFF

Title 28 U.S.C. § 1915(g) provides that: "In no event shall a prisoner bring a civil action or appeal a judgment in a civil action under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted . . . ."

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