Carter v. USA et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS 22 36 granting 20 Motions to Dismiss filed by USA, Harley Lappin; dismissing the complaint with prejudice; counting this dismissal as a "strike"; and certifying that an ifp appeal would not be taken in good faith. Signed by Judge James M. Moody on 6/30/11. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
LITTLE ROCK DIVISION
NO: 4:10CV01533 JMM
HARLEY LAPPIN et al.
The Court has reviewed the Proposed Findings and Recommended Disposition submitted by
United States Magistrate Judge H. David Young, and the objections filed.
considering the objections and making a de novo review of the record in this case, 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:
The motions to dismiss filed by Defendants USA and Harley Lappin (docket entries
#20 & #22) are GRANTED, and Plaintiff’s complaint is DISMISSED WITH PREJUDICE for
failure to state a claim upon which relief may be granted.
This dismissal counts 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 is considered frivolous and not in good faith.
DATED this 30
day of June, 2011.
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?