Winnett v. Burl et al

Filing 17

ORDER ADOPTING 13 Report and Recommendations in their entirety; therefore, pltf's complaint is dismissed; dismissal of this action constitutes a "strike"; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 3/28/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION DONALD WINNETT, ADC #139544 v. PLAINTIFF No. 2:12CV00021 JLH-JJV DANNY BURL, Warden, East Arkansas Regional Unit, Arkansas Department of Correction; et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and plaintiff’s objections. After carefully considering the objections and making a de novo review of the record, 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. Plaintiff’s complaint against defendants is DISMISSED for failure to state a claim, as barred by res judicata and collateral estoppel. 2. Dismissal of this action constitutes a “strike” for purposes of 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 adopting these recommendations and the accompanying Judgment would not be taken in good faith. DATED this 28th day of March, 2012. ___________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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