Gracey v. Barnes et al
ORDER adopting 5 Proposed Findings and Recommended Disposition as this Court's findings in all respects; dismissing this case without prejudice for failing to state a claim upon which relief may be granted; finding that this dismissal constitutes a "strike" as defined by 28 U.S.C §1915(g); and certifying that an in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. Signed by Judge Susan Webber Wright on 5/20/2011. (thd)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
East Arkansas Regional Unit,
Arkansas Department of Correction, et al.
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:
Pursuant to the screening function mandated by 28 U.S.C. § 1915A, this case is
DISMISSED, WITHOUT PREJUDICE, for failing to state a claim upon which relief may be
Dismissal of this action CONSTITUTES a “strike,” as defined by 28 U.S.C. §
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 20th day of May, 2011.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
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