Sherman v. Arkansas Department of Correction et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 and dismissing complaint with prejudice for failing to state a claim upon which relief may be granted; denying 1 Motion for Leave to Proceed in forma pauperis filed by Patrick L Sherman. Signed by Judge James M Moody on 8/8/07. (bkp)

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Sherman v. Arkansas Department of Correction et al Doc. 7 Case 5:07-cv-00193-JMM Document 7 Filed 08/08/2007 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION PATRICK L. SHERMAN ADC #96304 V. 5:07CV000193 JMM/JTR PLAINTIFF ARKANSAS DEPARTMENT OF CORRECTION, and LARRY NORRIS, Director, Arkansas Department of Correction ORDE R DEFENDANTS The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. The Court has considered all of plaintiff's objection including his contention that the three-strike provision set forth in 28 U.S.C. 1915(g) is unconstitutional and finds them to be without merit. See Higgins v. Carpenter, 258 F.3d 797, 801 (8th Cir.2001) cert. denied by Early v. Harmon, 535 U.S. 1040, 122 S.Ct. 1803, 152 L.Ed.2d 659 (2002). After carefully considering these documents 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 Application to Proceed In Forma Pauperis (docket entry #1) is DENIED, pursuant to the three-strikes provision set forth in 28 U.S.C. 1915(g). 2. The Complaint (docket entry #2) is DISMISSED, WITH PREJUDICE, pursuant to 28 U.S.C. 1915A, for failing to state a claim upon which relief may be granted. Dockets.Justia.com Case 5:07-cv-00193-JMM Document 7 Filed 08/08/2007 Page 2 of 2 3. The Court CERTIFIES, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Dated this 8 day of August , 2007. UNITED STATES DISTRICT JUDGE

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