Martin v. Langston et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS 5 and dismissing plaintiff's complaint without prejudice for failure to state a claim; certifying that an ifp appeal taken from the order and judgment would not be taken in good faith, and counting this dismissal as a "strike". Signed by Judge Susan Webber Wright on 7/17/09. (bkp)
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION JAMES ERIC MARTIN ADC #110186 V. DAN LANGSTON et al. ORDE R 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 NO: 3:09CV00096 SWW DEFENDANTS PLAINTIFF
upon which relief may be granted. 2. 3. This dismissal counts as a "strike" for purposes of 28 U.S.C. § 1915(g). 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 17th day of July, 2009. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE
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