Hutchens v. Reynolds et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS 5 and dismissing this case without prejudice for failure to state a claim upon which relief may be granted; counting this dismissal as a "strike,"; and certifying that an ifp appeal would not be taken in good faith. Signed by Judge Brian S. Miller on 9/1/10. (bkp)

Hutchens v. Reynolds et al

Doc. 9

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION

GLENN LEE HUTCHENS ADC #91914 V. 4:10CV01077 BSM/JTR

PLAINTIFF

DAVID L. REYNOLDS, Judge, Faulkner County Circuit Court, et al.

DEFENDANTS

ORDER The proposed findings and recommended disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections have been received. After carefully considering these documents and making a de novo review of the record, the proposed findings and recommended disposition are approved and adopted in their entirety.

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. Pursuant to 28 U.S.C. § 1915(a)(3), an in forma pauperis appeal from this Dismissal of this action CONSTITUTES a "strike," as defined by 28 U.S.C.

order and the accompanying judgment would not be taken in good faith.

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Dated this 1st day of September, 2010.

UNITED STATES DISTRICT JUDGE