Sanders v. Norris et al

Filing 21

ORDER adopting 14 Report and Recommendations in their entirety; therefore, this case is DISMISSED, and dismissal of this action shall count as a "strike" pursuant to 28 USC 1915(g); all pending motions are DENIED as moot 6 10 12 18 19 ; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 12/1/09. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ROBERT LEE SANDERS ADC # 131332 v. No. 4:09CV00811 JLH-JJV PLAINTIFF

LARRY NORRIS, Director, Arkansas Department of Correction; WENDY KELLY, Deputy Director, Arkansas Department of Correction; DALE REED, Warden, Ouachita River Correctional Facility, Arkansas Department of Correction; MELUSIA, Sgt., Ouachita River Correctional Facility, Arkansas Department of Correction; FORD, Correctional Officer, Ouachita River Correctional Facility, Arkansas Department of Correction; VOSS, Sgt., Ouachita River Correctional Facility, Arkansas Department of Correction; WOMBO, Sgt., Ouachita River Correctional Facility, Arkansas Department of Correction; BURLS, Corporal, Ouachita River Correctional Facility, Arkansas Department of Correction; and CAMPBELL, Deputy Warden, Ouachita River Correctional Facility, Arkansas Department of Correction ORDE R

DEFENDANTS

The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful consideration, 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 this action is DISMISSED, and dismissal of this action shall count as a "strike" for purposes of 28 U.S.C. § 1915(g).1 All pending motions are DENIED Title 28 U.S.C. § 1915(g) provides that: "In no event shall a prisoner bring a civil action or appeal a judgment in a civil action under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a
1

as moot. The Court FURTHER CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and Judgment would not be taken in good faith. DATED this 1st day of December, 2009.

UNITED STATES DISTRICT JUDGE

court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted . . . ." 2