Watson v. Pennington
ORDER adopting 5 Report and Recommendations in their entirety as this Court's findings in all respects; 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" for purposes of 28 USC 1915(g); the Court certifies that an ifp appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge William R. Wilson, Jr on 1/14/09. (mkf)
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DIVISION RODNEY WATSON PLAINTIFF V. PENNINGTON ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young, and the objections filed. After carefully considering the objections and making a de novo review of the record in this case, 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 NO: 4:08CV04233 WRW DEFENDANT
upon which relief may be granted. 2. 3. This dismissal counts as a "strike" for purposes of 28 U.S.C. § 1915(g). 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 14th day of January, 2009. /s/ Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE
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