Byrne v. Arkansas Department of Correction et al

Filing 7

ORDER adopting 3 Report and Recommendations in their entirety; therefore, this case is DISMISSED with prejudice, and dismissal of this action shall count as a "strike" pursuant to 28 USC 1915(g); all pending motions are DENIED as moot; the Court certifies that an ifp appeal from this Order would not be taken in good faith. Signed by Judge Susan Webber Wright on 11/30/09. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION BRIAN KEITH BYRNE ADC # 134860 V. 2:09-cv-00158-SWW-JJV PLAINTIFF

ARKANSAS DEPARTMENT OF CORRECTION; and HONEYCUTT, Inmate, East Arkansas Regional Unit, Arkansas Department of Correction ORDER

DEFENDANTS

The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful consideration, 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 with prejudice, and dismissal of this action shall count as a "strike" for purposes of 28 U.S.C. § 1915(g).1 All pending motions are DENIED as moot. The Court FURTHER CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma

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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pauperis appeal from this Order and Judgment would not be taken in good faith. DATED this 30th day of November, 2009.

/s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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