Murry v. Busby et al

Filing 21

ORDER ADOPTING 19 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: 1. Plaintiff's cause of action is DISMISSED with prejudice for f ailure to state a claim upon which relief may granted & all pending Motions, including 18 Motion for appointment of counsel are DENIED as moot; 2. Dismissal of this action shall count as a "strike" for purposes of 28 U.S.C. Section 1915(g); 3. The Court certifies, pursuant to 28 U.S.C. Section 1915(a)(3), that an in forma pauperis appeal from this Order adopting the recommendations would not be taken in good faith. Signed by Judge James M. Moody on 8/30/2010. (jct)

Murry v. Busby et al

Doc. 21

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION ERIC LAVELL MURRY, ADC # 096072 V. DICK BUSBY, Sheriff, Crittenden County; et al. ORDE R 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, 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 cause of action is DISMISSED with prejudice for failure to state a claim 3:10-CV-00071-JMM-JJV DEFENDANTS PLAINTIFF

upon which relief may be granted and all pending Motions, including his request for the appointment of counsel (Doc. No. 18) are DENIED as moot. 2. 3. Dismissal of this action shall count as a "strike" for purposes of 28 U.S.C. § 1915(g); The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order adopting the recommendations would not be taken in good faith. DATED this 30 day of August, 2010. _____________________________________ JAMES M. MOODY UNITED STATES DISTRICT JUDGE

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