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)

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