Bennett v. Adams et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS 7 dismissing complaint with prejudice for failing to state a claim upon which relief may be granted, certifying that an ifp appeal from this order and the accompanying judgment would not be taken in good faith and that this dismissal constitutes a "strike". Signed by Judge Bryan S. Miller on 10/22/08. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LARRY BENNETT V. 5:08CV00236 BSM/JTR DEFENDANTS 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 ED ADAMS, Captain, W.C. Brassell Detention Facility, et al. Complaint (docket entry #2) is DISMISSED, WITH PREJUDICE, for failing to state a claim upon which relief may be granted. 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 22nd day of October, 2008. ___________________________________ UNITED STATES DISTRICT JUDGE

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