Turner v. Ester et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 and dismissing 2 Complaint filed by Malcolm Turner, with prejudice. Signed by Judge Kristine G. Baker on 7/13/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION
MALCOLM TURNER
ADC #118129
V.

PLAINTIFF

No. 2:12-cv-00079 KGB

LAHAN ESTER et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge H. David Young, and the objections filed. After carefully
considering the objections 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:
1.

Plaintiff’s complaint is DISMISSED WITH PREJUDICE for failure to state a claim

upon which relief may be granted.
2.

This dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g).

3.

The Court certifies that an in forma pauperis appeal taken from the order and

judgment dismissing this action is considered frivolous and not in good faith.
Dated this 13th day of July, 2012.
____________________________________
Kristine G. Baker
United States District Judge