Brown v. Golden

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS 5 dismissing plaintiff's complaint without prejudice: this dismissal counts as a "strike" as frivolous. Signed by Judge James M. Moody on 10/20/08. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ANDREW LEE BROWN V. EARNEST GOLDEN ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition received from Magistrate Judge Jerry Cavaneau. There have been no objections. The Findings and Recommendations are adopted in their entirety as this Court's findings. Accordingly, judgment shall be entered dismissing Plaintiff's complaint in its entirety, without prejudice. Any pending motions are denied as moot. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this order adopting the recommendations, and any judgment entered hereunder, would not be taken in good faith. Further, this dismissal counts as a "strike" as frivolous pursuant to 28 U.S.C. § 1915(g). IT IS SO ORDERED this 20th day of October, 2008. NO. 5:08cv00250 JMM DEFENDANT PLAINTIFF

__________________________________ UNITED STATES DISTRICT JUDGE