Fenner v. Bush et al

Filing 10

ORDER ADOPTING 7 REPORT AND RECOMMENDATIONS of U.S. Magistrate Judge Henry L. Jones, Jr. in their entirety as this Court's findings in all respects. Accordingly, Plaintiff's Complaint against Defendants is DISMISSED for failure to state a claim under 28 U.S.C. Section 1915A(b)(1). Further, the Court certifies that an in forma pauperis appeal taken from the Order & Judgment dismissing this action is considered frivolous & not in good faith. Signed by Judge William R. Wilson, Jr on 12/23/08. (jct)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JASON E. FENNER ADC #127315 v. GEORGE W. BUSH et al. ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Henry L. Jones, Jr. After careful review of the findings and recommendations and the timely objections thereto, as well as a de novo review of the record, the Court concludes that the findings and recommendations are approved and adopted in their entirety as this Court's findings in all respects. Accordingly, Plaintiff's Complaint against Defendants is DISMISSED for failure to state a claim under 28 U.S.C. § 1915A(b)(1). Further, 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. IT IS SO ORDERED this 23rd day of December, 2008. 4:08-CV-04164-WRW DEFENDANTS PLAINTIFF

/s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE