Smith v. Hobbs et al

Filing 12

ORDER approving and adopting in their entirety 9 proposed findings and recommended disposition submitted by United States Magistrate Judge H. David Young; dismissing Plaintiff's complaint with prejudice for failure to state a claim; and, certifying that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge Brian S. Miller on 6/17/2011. (dmn)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION
JOSEPH JAMAINE SMITH
ADC #127880
v.

PLAINTIFF

CASE NO. 2:11cv00024 BSM

RAY HOBBS et al.

DEFENDANTS
ORDER

The proposed findings and recommended disposition submitted by United States
Magistrate Judge H. David Young and the filed objections have been reviewed. After
carefully considering these documents and making a de novo review of the record, it is
concluded that the proposed findings and recommended disposition should be, and hereby
are, approved and adopted in their entirety in all respects.
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff’s complaint is DISMISSED WITH PREJUDICE for failure to state

a claim upon which relief may be granted.
2.
3.

This dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g).
It is certified 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 17th day of June, 2011.

UNITED STATES DISTRICT JUDGE