Allen v. Towne

Filing 13

ORDER ADOPTING 7 Report and Recommendations except for the appeal certification; Allen's complaint is dismissed with prejudice; this dismissal counts as a "strike"; judgment will be entered accordingly. Signed by Judge D. P. Marshall Jr. on 11/4/11. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION EDWARD LEE ALLEN ADC# 657950 v. PLAINTIFF No.3:11-cv-179-DPM-HDY WALTER TOWNE DEFENDANT ORDER The Court has reviewed Magistrate Judge H. David Young's Proposed Findings and Recommendations, Document No.7. Allen objected, albeit belatedly and obliquely. Document No.9. On de novo review, FED. R. CIV. P. 72(b)(3), the Court adopts Magistrate Judge Young's proposal except for the appeal certification. Allen's complaint is dismissed with prejudice. This dismissal shall count as a "strike" for purposes of 28 U.s.C. ยง 1915(g). So Ordered. D.P. Marshall Jr. ;' United States District Judge t( /IfmJ. '(}.Oll

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