Fitzgerald v. Busby et al

Filing 9

ORDER ADOPTING 5 REPORT AND RECOMMENDATIONS of U.S. Magistrate Judge Jerome T. Kearney in their entirety. IT IS, THEREFORE, ORDERED that this action is hereby DISMISSED, & that dismissal of this action counts as a "strike for purposes of 28 U.S.C. Section 1915(g). IT IS FURTHER ORDERED that an in forma pauperis appeal from this Order & the accompanying Judgment would not be taken in good faith. Signed by Judge James M. Moody on 11/10/2010. (jct)

Fitzgerald v. Busby et al

Doc. 9

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION NATHANIEL L. FITZGERALD, ADC #84210 V. DICK BUSBY, et al. ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. After a review of those proposed findings and recommendations, and the timely objections received thereto, as well as a de novo review of the record, the Court adopts them in their entirety. Accordingly,
IT IS, THEREFORE, ORDERED that this action is hereby DISMISSED, and that
dismissal of this action counts as a "strike" for purposes of 28 U.S.C. § 1915(g).1 IT IS FURTHER ORDERED, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. An appropriate Judgment shall accompany this Order.

PLAINTIFF

3:10-cv-00237-JMM-JTK DEFENDANTS

IT IS SO ORDERED this 10th day of November, 2010.

______________________________________ JAMES M. MOODY UNITED STATES DISTRICT JUDGE

1

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 . . . ."
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