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)
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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