Earwood v. Whitfield et al

Filing 12

JUDGMENT, pursuant to 11 Memorandum and Order entered this date, this case is DISMISSED with prejudice, for failure to state a claim upon which relief may be granted. The relief sought is denied. Dismissal of this action constitutes a "strik e" within the meaning of the Prison Litigation Reform Act. The Court certifies that an in forma pauperis appeal from the Memorandum and Order & this Judgment would not be taken in good faith. Signed by Judge Susan Webber Wright on 4/2/2012. (jct)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
CHARLES DAVID EARWOOD
V.

PLAINTIFF
3:12-cv-00067-SWW

LUTHER WHITFIELD, et al.

DEFENDANTS
JUDGMENT

Pursuant to the Memorandum and Order entered in this matter on this date, it is Considered,
Ordered and Adjudged that this case be, and it is hereby, DISMISSED with prejudice, for failure
to state a claim upon which relief may be granted.1 The relief sought is denied.
Dismissal of this action constitutes a “strike” within the meaning of the Prison Litigation
Reform Act (PLRA), 28 U.S.C. § 1915(g).
The Court certifies that an in forma pauperis appeal from a Memorandum and Order and
Judgment dismissing this action would not be taken in good faith, pursuant to 28 U.S.C. §
1915(a)(3).
IT IS SO ADJUDGED this 2nd day of April 2012.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

1

Plaintiff’s allegations of constitutional violations during the state criminal proceeding
are DISMISSED without prejudice.