Robinson v. McAan et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS 8 of U. S. Magistrate Judge J. Thomas Ray in their entirety as this Court's findings in all respects. IT IS THEREFORE ORDERED THAT: 1. Pursuant to the screening function mandated by 28 U.S.C. Section 1915A, this case is DISMISSED, WITH PREJUDICE, for failing to state a claim on which relief may be granted. 2. Dismissal of this action CONSTITUTES a "strike", as defined by 28 U.S.C. Section 1915(g). 3. The Court CERTIFIES, pursuant to 28 U.S.C. Section 1915(a)(3), that an informa pauperis appeal from this Order & the accompanying Judgment would not be taken in good faith. Signed by Judge Brian S. Miller on 12/15/09. (jct)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION CORRIE DARNELL ROBINSON v. 3:09CV00171 BSM/JTR DEFENDANTS PLAINTIFF JACK MCAAN, Sheriff Craighead County, et al. ORDER The court has reviewed the proposed findings and recommended disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering these documents 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. Pursuant to the screening function mandated by 28 U.S.C. 1915A, this case is DISMISSED, WITH PREJUDICE, for failing to state a claim on which relief may be granted. 2. 1915(g). 3. The court CERTIFIES, pursuant to 28 U.S.C. 1915(a)(3), that an in forma Dismissal of this action CONSTITUTES a "strike," as defined by 28 U.S.C. pauperis appeal from this order and the accompanying judgment would not be taken in good faith. Dated this 15th day of December, 2009. UNITED STATES DISTRICT JUDGE 2

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