McDaniel v. Montgomery et al

Filing 10

JUDGMENT re 9 Order on Report and Recommendations; case is dismissed with prejudice; this dismissal counts as a "strike" as defined by 28 USC 1915(g); the Court certifies, pursuant to 28 USC 1915(a)(3), that an ifp appeal from this Judgment and the accompanying Order would not be taken in good faith. Signed by Judge William R. Wilson, Jr on 7/24/09. (mkf)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION

CALVIN RAY MCDANIEL V. 3:09CV00099-WRW/JTR

PLAINTIFF

THOMAS G. MONTGOMERY, Crittenden County Public Defender; and BART E. ZIEGENHORN, Crittenden County Public Defender JUDGMENT

DEFENDANTS

Consistent with the Order that was entered on this day, it is CONSIDERED, ORDERED, and ADJUDGED that the Complaint is DISMISSED, WITH PREJUDICE, for failing to state a claim upon which relief may be granted. The dismissal constitutes a "strike" as defined by 28 U.S.C. § 1915(g). Further, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Judgment and the accompanying Order would not be taken in good faith. Dated this 24th day of July, 2009.

/s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE