Mills v. Arkansas Department of Correction et al

Filing 41

ORDER ADOPTING 38 Report and Recommendations in their entirety; therefore, defts' 30 Motion to Dismiss is GRANTED, and pltf's complaint is DISMISSED WITH PREJUDICE; this dismissal counts as a "strike" for purposes of 28 USC 1915(g); judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 6/14/10. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION BUCKIE A. MILLS ADC #105605 v. ARKANSAS DEPARTMENT OF CORRECTION, et al. ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young, and the objections filed. After carefully NO. 2:09CV00171 JLH DEFENDANTS PLAINTIFF

considering the 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: 1. Defendants' motion to dismiss (docket entry #30) is GRANTED, and Plaintiff's

complaint is DISMISSED WITH PREJUDICE. 2. 3. This dismissal counts as a "strike" for purposes of 28 U.S.C. § 1915(g). The Court certifies that an in forma pauperis appeal taken from the order and

judgment dismissing this action is considered frivolous and not in good faith. DATED this 14th day of June, 2010.

UNITED STATES DISTRICT JUDGE