Mills v. McClung

Filing 9

ORDER ADOPTING 7 Report and Recommendations in their entirety; therefore, pltf's complaint is dismissed with prejudice for failure to state a claim upon which relief may be granted; this dismissal counts as a "strike"; judgment will be entered accordingly. Signed by Judge James M. Moody on 1/9/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
FREDERICK A. MILLS
V.

PLAINTIFF
NO: 3:11CV00286 JMM

GERALD McCLUNG

DEFENDANT
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted by
United States Magistrate Judge H. David Young. 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 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. § 1915(g).

3.

The Court certifies 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 9th day of January, 2012.

UNITED STATES DISTRICT JUDGE