Cooper v. Burl et al

Filing 15

ORDER ADOPTING 9 Report and Recommendations in their entirety; therefore, this case is DISMISSED WITHOUT PREJUDICE; dismissal of this action constitutes a "strike"; 14 MOTION to Amend Complaint filed by Amos Cooper is denied; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 5/6/11. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION AMOS COOPER ADC #129093 V. PLAINTIFF 2:11CV00044 SWW/JTR BURL, Warden, East Arkansas Regional Unit, et al. 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.1 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 6th day of May, 2011. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 1 The Court denies plaintiff’s motion to file an amended/corrected complaint [docket entry 14].

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