Halcomb v. Spain et al

Filing 7

ORDER approving and adopting 5 Recommendation as this Court's findings in all respects; dismissing with prejudice Mr. Halcomb's claims for failure to state a claim for relief; and certifying that an in forma pauperis appeal from this dismissal would be frivolous and would not be in good faith. This dismissal counts as a "strike" for purposes of 28 U.S.C. § 1915(g). Signed by Judge Susan Webber Wright on 12/6/2017. (cmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
KIRK DAVID HALCOMB
ADC #661266
V.

PLAINTIFF

CASE NO. 4:17-cv-00727 SWW-BD

FRANK SPAIN, Prosecuting Attorney, et al.

DEFENDANTS

ORDER
The Court has received and reviewed the Recommended Disposition
(“Recommendation”) filed by Magistrate Judge Beth Deere. After a careful review of Mr.
Halcomb’s timely objections, and upon a de novo review of the record, the Court
concludes that the Recommendation should be, and hereby is, approved and adopted as
this Court’s findings in all respects.
Mr. Halcomb’s claims are DISMISSED with prejudice for failure to state a claim
for relief. The dismissal counts as a “strike” for purposes of purposes of 28 U.S.C. §
1915(g). Furthermore, the Court certifies that an in forma pauperis appeal from this
dismissal would be frivolous and would not be in good faith. 28 U.S.C. § 1915(a)(3).
IT IS SO ORDERED, this 6th day of December, 2017.

/s/ Susan Webber Wright
UNITED STATES DISTRICT JUDGE