Allen v. Does et al

Filing 10

ORDER adopting 8 Report and Recommendations in their entirety; therefore, this case is DISMISSED WITH PREJUDICE because it is barred by the statute of limitations; 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 7/30/09. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION BRODERICK D. ALLEN ADC #133084 v. No. 4:09CV00406 JLH/JTR PLAINTIFF DOES, Park Plaza Mall Security Guard, Chief & Security Officer of Loss Prevention, Store Manager for Dillards Department Store, Arkansas State Police Officer, Pulaksi County Sheriff's Department Officer; and METCALF, Little Rock Police Department Officer ORDE R DEFENDANTS 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 be DISMISSED, WITH PREJUDICE, because it is barred by the statute of limitations. 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 30th day of July, 2009. ___________________________________ UNITED STATES DISTRICT JUDGE

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