White v. Arkansas Board of Pardons & Paroles et al

Filing 9

ORDER ADOPTING 7 Report and Recommendations, dismissing plaintiff's complaint with prejudice, counting this dismissal as a "strike," and certifying that an ifp appeal from the Order and Judgment dismissing this case is considered frivolous and not in good faith. Signed by Judge William R. Wilson, Jr on 4/14/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DIVISION RODNEY CHARLES WHITE, SR. ADC #109629 v. ARKANSAS BOARD OF PARDONS & PAROLES et al. 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 approved and adopted in their entirety as this Court's findings in all respects. Accordingly, Plaintiff'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 U.S.C. § 1915(g). 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 14th day of April, 2009. 4:09-CV-00090-WRW DEFENDANTS PLAINTIFF

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