Milam v. Swatzel et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS 7 and dismissing complaint. This dismissal counts as a strike, and the Court certifies that an ifp appeal would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 1/17/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LYNN FRANKLIN MILAM ADC #500489 v. PLAINTIFF No. 4:11-cv-839-DPM SWATZEL,et al. DEFENDANTS ORDER On de novo review of Magistrate Judge Young’s recommended disposition and Milam’s objection and other new materials, Document Nos. 7, 9, & 11, the Court adopts Judge Young’s recommendation. Officer Swatzel’s bad joke does not create a constitutional claim. This dismissal counts as a strike for 28 U.S.C. § 1915(g). And the Court certifies that an in forma pauperis appeal of this dismissal would be frivolous and not in good faith. So Ordered. __________________________ D.P. Marshall Jr. United States District Judge 17 January 2012

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