Mohammed v. Cody et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS 6 and dismissing plaintiffs' complaint against defts for failure to state a claim. The Court certifies that an ifp appeal would not be taken in good faith. Signed by Judge James M. Moody on 12/29/11. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION FREDERICK A. MOHAMMED, ADC #97575 v. PLAINTIFF 2:11-cv-00190-JMM-JTK CODY, et al. DEFENDANTS ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. After a review of those proposed findings and recommendations, and the timely objections received thereto, as well as a de novo review of the record, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that: 1. Plaintiffs’ Complaint against Defendants is DISMISSED for failure to state a 2. Dismissal of this action constitutes a “strike” within the meaning of the Prison claim. Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g). 3. The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith, pursuant to 28 U.S.C. § 1915(a)(3). An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 29 day of December , 2011. ______________________________________ JAMES M. MOODY UNITED STATES DISTRICT JUDGE

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