Walker v. Shock et al

Filing 20

ORDER approving 19 Proposed Findings and Recommended Disposition and adopting in their entirety as this Court's findings in all respects; granting 7 motion to dismiss with prejudice. This dismissal counts as a "strike" for the purposes of 28 U.S.C. 1915(g) and the Court certifies that an in forma pauperis appeal is considered frivolous and not in good faith. Signed by Judge Kristine G. Baker on 3/4/2014. (mmd)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DIVISION DAVID WALKER ADC #139638 v. PLAINTIFF Case No. 4:13CV00452 KGB ANDY SHOCK et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young (Dkt. No. 19). No objections have been filed, and the time for filing objections has passed. After careful consideration, 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. Defendants’ motion to dismiss is granted (Dkt. No. 7), and plaintiff David Walker’s complaint is dismissed with prejudice. 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. SO ORDERED this the 4th day of March, 2014. ________________________________ Kristine G. Baker United States District Judge

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