Mahoney v. Hurd et al

Filing 8

ORDER approving and adopting 6 Recommended Disposition as this Court's findings in all respects; dismissing Mr. Mahoney's claims without prejudice based on his failure to state a constitutional claim; counting this dismissal as a "strike" for the purposes of 28 U.S.C. § 1915(g); and certifying that an in forma pauperis appeal of this dismissal would be frivolous and not taken in good faith. Signed by Judge Susan Webber Wright on 6/29/2017. (mef)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
ANTHONY MAHONEY,
ADC #139513
V.

PLAINTIFF
CASE NO. 4:17-CV-00280 SWW/BD

HURD and LOPEZ

DEFENDANTS
ORDER

The Court has received a Recommended Disposition (“Recommendation”) from
Magistrate Judge Beth Deere. The parties have not filed objections. After careful
consideration of the Recommendation, the Court concludes that the Recommendation
should be, and hereby is, approved and adopted as this Court’s findings in all respects.
Mr. Mahoney’s claims are DISMISSED, without prejudice, based on his failure to
state a constitutional claim. This dismissal counts as a “strike” for purposes of 28 U.S.C.
§ 1915(g) and this Court certifies that an in forma pauperis appeal of this dismissal
would be frivolous and not taken in good faith.
IT IS SO ORDERED, this 29th day of June, 2017.

/s/Susan Webber Wright

UNITED STATES DISTRICT JUDGE