Haskell v. Moses
ORDER ADOPTING REPORT AND RECOMMENDATIONS 5 and dismissing complaint with prejudice for failure to state a claim upon which relief may be granted; and certifying that this action constitutes a "strike" and any ifp appeal from any Order adopting these recommendations would not be taken in good faith. Signed by Judge James M. Moody on 12/8/08. (bkp)
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DAMON HASKELL ADC # 610783
SHELIA MOSES, Secretary, I.P.S., Delta Regional Unit, Arkansas Department of Correction
ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young. No objections have been filed. After careful consideration, 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 Complaint (docket entry # 2) is DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted; 2. Dismissal of this action constitutes a "strike" for purposes of 28 U.S.C. § 1915(g);1 and
Title 28 U.S.C. § 1915(g) provides that: "In no event shall a prisoner bring a civil action or appeal a judgment in a civil action under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted . . . ." 1
3. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from any Order adopting these recommendations would not be taken in good faith. DATED this 8th day of December, 2008.
___________________________________ UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?