Wright v. Beebe et al

Filing 25

ORDER adopting 21 Proposed Findings and Recommended Disposition in their entirety as this Court's findings in all respects. Plaintiff's complaint is dismissed without prejudice for failure to state a claim. This dismissal counts as a stri ke for purposes of 28 U.S.C. § 1915(g). All pending motions are denied. The Court certifies than an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge J. Leon Holmes on 2/28/2014. (ks)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION JOHN KIRBY WRIGHT ADC #99769 v. PLAINTIFF NO. 2:14CV00004 JLH MIKE BEEBE, 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 WITHOUT 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. All pending motions are DENIED. 4. 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 28th day of February, 2014. UNITED STATES DISTRICT JUDGE

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