Farley v. McCann et al

Filing 6

ORDER ADOPTING 4 REPORT AND RECOMMENDATIONS of U.S. Magistrate Judge H. David Young in their entirety in all respects. IT IS THEREFORE ORDERED that: (1) Plaintiff's complaint is DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted. (2) This dismissal counts as a "strike" for purposes of 28 U.S.C. Section 1915(g). It is certified that an in forma pauperis appeal taken from the Order & Judgment dismissing this action is considered frivolous & not in good faith. Signed by Judge Brian S. Miller on 11/19/2010. (jct)

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Farley v. McCann et al Doc. 6 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION ANTHONY FITZGERALD FARLEY v. JACK McCANN, et al. ORDER The proposed findings and recommended disposition submitted by United States Magistrate Judge H. David Young have been reviewed. No objections have been filed. After carefully considering the proposed findings and recommended disposition and making a de novo review of the record, it is concluded that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety in all respects. IT IS THEREFORE ORDERED that: 1. Plaintiff's complaint is DISMISSED WITH PREJUDICE for failure to state CASE NO: 3:10cv00234 BSM DEFENDANTS PLAINTIFF a claim upon which relief may be granted. 2. 3. This dismissal counts as a "strike" for purposes of 28 U.S.C. 1915(g). It is certified 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 19th day of November, 2010. UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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