Furlough v. Brandon

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 that complaint be dismissed with prejudice for failing to state a claim upon which relief may be granted; counting this dismissal as a "strike" and certifying that an ifp appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge James M. Moody on 12/15/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION MICHAEL R. FURLOUGH ADC #073407 V. APRIL BRANDON, Sergeant, East Arkansas Regional Unit ORDE R 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. Pursuant to the screening function mandated by 28 U.S.C. § 1915A, this case is 2:09CV00170 JMM/JTR DEFENDANT

PLAINTIFF

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 15 day of December , 2009. UNITED STATES DISTRICT JUDGE