Randall v. Potts

Filing 8

ORDER adopting 6 Recommended Disposition in its entirety; therefore, Pltf's 2 complaint is DISMISSED WITH PREJUDICE, as being frivolous and duplicative of the claims currently pending in Randall v. Potts, 5:08-cv-00162-BSM-HLJ; dismissal of this action constitutes a "strike" purs to 28 USC 1915(g); judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 9/8/08. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION KEON RANDALL ADC #141931 V. 5:08CV00214 JLH/JTR DEFENDANT ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, 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. Pursuant to the screening function mandated by 28 U.S.C. 1915A, Plaintiff's 1983 PLAINTIFF SUSAN POTTS, Jail Administrator, Drew County Jail Complaint (docket entry #2) is DISMISSED, WITH PREJUDICE, as being frivolous and duplicative of the claims he currently has pending in Randall v. Potts; 5:08CV00162 BSM/HLJ. 2. 1915(g). 3. The Court CERTIFIES, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis Dismissal of this action CONSTITUTES a "strike," as defined by 28 U.S.C. appeal from this Order and the accompanying Judgment would not be taken in good faith. Dated this 8th day of September, 2008. UNITED STATES DISTRICT JUDGE

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