Hawkins v. Pennington et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS 7 dismissing case with prejudice for failure to state a claim upon which relief may be granted; counting this dismissal as a "strike"; and certifying that an ifp appeal would not be taken in good faith. Signed by Judge James M. Moody on 4/19/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

JERRY LEE HAWKINS
ADC #510227
V.

PLAINTIFF
2:11CV00056 JMM/JTR

PENNINGTON, Captain,
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. No objections have been filed. After careful
review, 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, WITH 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 19th day of April, 2011.

UNITED STATES DISTRICT JUDGE