Austin v. Mitchell et al

Filing 7

ORDER ADOPTING 5 REPORT AND RECOMMENDATIONS: Plaintiff Cedric Austin's 2 complaint is dismissed with prejudice for failure to state a claim upon which relief may be granted. This dismissal counts as a "strike" for purposes of 28 U.S.C. § 1915(g). It is certified that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. All pending motions are denied as moot. Signed by Chief Judge Brian S. Miller on 10/18/2012. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
CEDRIC AUSTIN
ADC #116669
v.

PLAINTIFF

CASE NO: 2:12CV00189 BSM

JOYCE RENEE MITCHELL, et al.

DEFENDANTS
ORDER

The proposed findings and recommended disposition [Doc. No. 5] submitted by
United States Magistrate Judge H. David Young have been reviewed. No objections have
been filed. After carefully considering these documents and making a de novo review of the
record, it is found that the proposed findings and recommended disposition should be, and
hereby are, approved and adopted in their entirety.
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff Cedric Austin’s complaint [Doc. No. 2] 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.

It is certified that an in forma pauperis appeal taken from the order and

judgment dismissing this action is considered frivolous and not in good faith.
4.

All other pending motions are denied as moot.

Dated this 18th day of October, 2012.

UNITED STATES DISTRICT JUDGE