Ybarra v. Smith
Filing
20
ORDER ADOPTING REPORT AND RECOMMENDATIONS 16 and dismissing the complaint without prejudice for failure to state a claim upon which relief may be granted. This dismissal counts as a strike for purposes of 28 U.S.C. § 1915(g). 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. Signed by Judge Susan Webber Wright on 11/22/13. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
LITTLE ROCK DIVISION
AMBER YBARRA
ADC #710487
V.
PLAINTIFF
NO: 4:13CV00562 SWW
AMANDA SMITH
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.
IT IS THEREFORE ORDERED THAT:
1.
Plaintiff’s complaint is DISMISSED WITHOUT 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.
All pending motion are DENIED AS MOOT.
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 22nd day of November, 2013.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
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