Lee v. Browenlee et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS 9 and dismissing case without prejudice and denying any pending motions as moot; and certifying that an ifp appeal from this order and any judgment entered would not be taken in good faith and that this action constitutes a "strike" pursuant to 28 U.S.C. section 1915(g). Signed by Judge James M. Moody on 12/8/08. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION SHERMAN FRANCIS LEE ADC #092543 V. LEROY BROWENLEE, et al ORDER The Court has reviewed the Proposed Findings and Recommended Disposition received from Magistrate Judge Jerry Cavaneau. There have been no objections. The Findings and Recommendations are adopted in their entirety as this Court's findings. Accordingly, judgment shall be entered dismissing Plaintiff's case, without prejudice. Any pending motions are denied as moot. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this order adopting the recommendations and any judgment entered hereunder, would not be taken in good faith. Additionally, pursuant to Armentrout v. Tyra, 175 F.3d 1023 (8th Cir. Feb. 9, 1999) (unpub. table op.), this action dismissed without prejudice under Heck v. Humphrey, 512 U.S. 477 (1994), counts as a "strike" pursuant to 28 U.S.C. § 1915(g). IT IS SO ORDERED this 8th day of December, 2008. NO. 4:08cv00627 JMM DEFENDANTS PLAINTIFF

__________________________________ UNITED STATES DISTRICT JUDGE