Jones v. Clark et al

Filing 10

ORDER ADOPTING 5 REPORT AND RECOMMENDATIONS of U.S. Magistrate Judge Joe J. Volpe in their entirety as this Court's findings in all respects. IT IS THEREFORE ORDERED that this action is DISMISSED, all pending motions are denied as moot, & tha t this dismissal shall count as a "strike" for purposes of 28 U.S.C. Section 1915(g). Plaintiff's claims against defendants Flores, Silliman, Hunt & Kesraj, which should have been brought in U.S.D.C. for the Western District of Arkans as, are dismissed without prejudice as to Plaintiff's right to re-file those claims in a new case in the proper court. The remainder of Plaintiff's claims are dismissed with prejudice. IT IS FURTHER ORDERED that the Court certifies, pursuant to 28 U.S.C. Section 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Brian S. Miller on 1/15/2010. (jct)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION JOSEPH ANTHONY JONES, # 656351 v. CASE NO. 3:09cv00214 BSM/JJV DEFENDANTS PLAINTIFF

MICHAEL CLARK, Treatment Coordinator, Osceola Department of Community Correction, et al. ORDER

The court has reviewed the proposed findings and recommended disposition submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful consideration, it is concluded 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 this action is DISMISSED, all pending motions

are denied as moot, and that dismissal of this action shall count as a "strike" for purposes of 28 U.S.C. § 1915(g). Title 28 U.S.C. § 1915(g) provides that In no event shall a prisoner bring a civil action or appeal a judgment in a civil action under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted ... Plaintiff's claims against defendants Flores, Silliman, Hunt, and Kesraj, which should have been brought in United States District Court for the Western District of Arkansas, are dismissed without prejudice to plaintiff's right to re-file those claims in a new case in the

proper court. The remainder of plaintiff's claims are dismissed with prejudice. IT IS FURTHER ORDERED that the court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from any order adopting these recommendations would not be taken in good faith. DATED this 15th day of January, 2010. ___________________________________ UNITED STATES DISTRICT JUDGE

2