Anders v. Roberts et al

Filing 7

ORDER adopting 5 Report and Recommendations in their entirety; therefore, pltf's complaint is DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief may be granted; this dismissal counts as a "strike" pursuant to 28 USC 1915(g); judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 1/26/10. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION SAMUEL N. ANDERS REG. #21467-076 NO. 2:09CV00179 SWW SUSIE ROBERTS et al. ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young. 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: 1. Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE for failure to state a DEFENDANTS PLAINTIFF claim upon which relief may be granted. 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 26th day of January, 2010. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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