Warner v. Arkansas, State of et al
ORDER adopting 7 Recommended Disposition in its entirety; therefore, this case is dismissed without prejudice for failing to state a claim on which relief may be granted; dismissal of this action constitutes a "strike" pursuant to 28 USC 1915(g); judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 4/8/09. (vjt)
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CLIFTON WARNER, ADC #651119 V. 4:09CV00091 JLH/JTR DEFENDANTS PLAINTIFF
STATE OF ARKANSAS; and UNIVERSITY OF ARKANSAS MEDICAL SCIENCES ORDE R
The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, 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. Pursuant to the screening function mandated by 28 U.S.C. § 1915A, this case is
DISMISSED, WITHOUT PREJUDICE, for failing to state a claim on which relief may be granted. 2. 1915(g). 3. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis Dismissal of this action CONSTITUTES a "strike," as defined by 28 U.S.C. §
appeal from this Order and the accompanying Judgment would not be taken in good faith. Dated this 8th day of April, 2009.
UNITED STATES DISTRICT JUDGE
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