Carter v. USA et al

Filing 46

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)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DIVISION SENO CARTER REG. #17198-045 V. PLAINTIFF NO: 4:10CV01533 JMM HARLEY LAPPIN et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young, and the objections filed. After carefully 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: 1. 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. 2. This dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g). 3. 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

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