Brewer v. Pennington et al

Filing 6

ORDER adopting 3 Recommended Disposition in its entirety; therefore, pltf's 1 Motion for Leave to Proceed in forma pauperis is denied as moot, and pltf's complaint 2 is DISMISSED WITH PREJUDICE under 28 USC 1915A; this dismissal will count as a "strike" pursuant to 28 USC 1915(g); judgment will be entered accordingly. Signed by Judge William R. Wilson, Jr on 11/17/09. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION KEITH D. BREWER, ADC #143434 V. CASE NO. 4:09CV00804 WRW/BD DEFENDANTS ORDER The Court has received the Recommended Disposition from Magistrate Judge Beth Deere. After careful review of the Recommended Disposition, the timely objections received thereto, as well as a de novo review of the record, the Court concludes that the Recommended Disposition should be, and hereby is, approved and adopted as this Court's findings in all respects in its entirety. Plaintiff's Complaint (docket entry #2) is DISMISSED WITH PREJUDICE under 28 U.S.C. § 1915A. The dismissal will count 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 would be frivolous and not taken in good faith. IT IS SO ORDERED this 17th day of November, 2009. /s/ Wm. R. Wilson, Jr.____________ UNITED STATES DISTRICT JUDGE PLAINTIFF

BRUCE PENNINGTON, et al.