Bryson v. Hobbs et al

Filing 14

ORDER ADOPTING 11 Report and Recommendations in their entirety; therefore, this case is DISMISSED WITHOUT PREJUDICE for failure to state a claim; dismissal of this action constitutes a "strike" per 28 USC 1915(g); judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 4/13/11. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION JASON LEE BRYSON, ADC #116940 v. PLAINTIFF No. 2:11CV00031 JLH/JTR RAY HOBBS, Director, Arkansas Department of Correction DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering these documents 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. Pursuant to the screening function mandated by 28 U.S.C. § 1915A, this case is DISMISSED, WITHOUT PREJUDICE, for failing to state a claim on which relief may be granted. 2. Dismissal of this action CONSTITUTES a “strike,” as defined by 28 U.S.C. § 1915(g). 3. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Dated this 13th day of April, 2011. UNITED STATES DISTRICT JUDGE

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