DeLamar v. Harmon et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS 5 and dismissing complaint with prejudice; counting this dismissal as a "strike"; and certifying that an ifp appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge James M. Moody on 1/19/10. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION JAMES OLIVER DeLAMAR ADC #510255 V. GREG HARMON 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 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. Plaintiff's complaint is DISMISSED WITH PREJUDICE for failure to state a claim NO: 2:09CV00183 JMM DEFENDANTS PLAINTIFF 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 19 day of January, 2010. UNITED STATES DISTRICT JUDGE

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