Mayo v. Norris et al

Filing 10

ORDER adopting 7 Report and Recommendations in their entirety; therefore, pltf's complaint is dismissed as frivolous and for failure to state a claim; dismissal of this action shall count as a "strike" pursuant to 28 USC 1915(g); judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 9/28/09. (vjt)

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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 Joe J. Volpe 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 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 28th day of September , 2009. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 2:09-cv-00088-SWW-JJV DEFENDANT 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 . . . ." 1

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