Wilson v. Arkansas, State of

Filing 10

ORDER ADOPTING 5 Report and Recommendations in their entirety; therefore, pltf's complaint is DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted; this dismissal counts as a "strike"; pltf's 9 Motion for Leave to Amend Impending Pleading is denied. Signed by Judge Susan Webber Wright on 2/29/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
LITTLE ROCK DIVISION
CHARLES ISAAC WILSON, JR.
ADC #79592

V.

PLAINTIFF

NO: 4:12CV00059 SWW

ARKANSAS, STATE OF

DEFENDANT
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.
Plaintiff has also filed a Motion for Leave to Amend Impending Pleading [doc.#9] asking
to “amend his impending pleading in accordance with 28 USC § 2254 with Ray Hobbs, Director of
ADC as Respondent, or under Certiorari pursuant to 28 USC § 1257(c), or as this Court may
deem....” Plaintiff’s motion is denied. Plaintiff is not precluded, however, from filing any other
action he may desire, although the Court expresses no opinion on the merits of any such action
(including whether any such action would survive jurisdictional, procedural, or substantive
challenges).
IT IS THEREFORE ORDERED THAT:
1.

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.

Plaintiff’s Motion for Leave to Amend Impending Pleading [doc.#9] is denied.

4.

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 29th day of February 2012.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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