Philpott v. Arkansas, State of et al

Filing 8

ORDER adopting Recommended Disposition 4 in its entirety; therefore, pltf's complaint is DISMISSED W/PREJ as frivolous; this dismissal counts as a "STRIKE" purs to 28 USC 1915(g); judgment will be entered accordingly. Signed by Judge J. Leon Holmes on 7/10/07. (vjt)

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Philpott v. Arkansas, State of et al Doc. 8 Case 5:07-cv-00161-JLH Document 8 Filed 07/10/2007 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ROBERT SCOTT PHILPOTT ADC #111495 V. ARKANSAS, STATE OF et al. ORDE R 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 NO: 5:07CV00161 JLH DEFENDANTS PLAINTIFF 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. 2. 3. Plaintiff's complaint is DISMISSED WITH PREJUDICE as frivolous. 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. DATED this 10th day of July, 2007. ________________________________ UNITED STATES DISTRICT JUDGE

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