Mahomes v. Watkins et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS 9 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"; the Court certifies that an in forma pauperis appeal taken from this order and the judgment dismissing this action is considered frivolous and not in good faith; pltf's motion for appointment of counsel is denied as moot 8 . Signed by Judge J. Leon Holmes on 11/24/15. (tjb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

LAWRANCE D. MAHOMES, ADC #152147
v.

PLAINTIFF

NO. 4:15CV00546 JLH

NATHAN WATKINS, et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted by
United States Magistrate Judge Patricia S. Harris. No objections have been filed. 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.

Plaintiff’s complaint is DISMISSED WITH PREJUDICE for failure to state a claim

upon which relief may be granted. (After Mahomes received Judge Harris’s Proposed Findings and
Recommended Disposition, he filed an amended complaint involving different events at a different
time and different defendants. The amended complaint was filed without leave of court and does
not concern the events that were alleged in the initial complaint. Therefore, the amended complaint
is disregarded. If Mahomes wishes to file an action relating to the events described in his amended
complaint, he must do so in a separate action.)
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.
4.

Plaintiff’s motion for appointment of counsel is DENIED AS MOOT. Document #8.

DATED this 24th day of November, 2015.

UNITED STATES DISTRICT JUDGE