Barnes v. Arkansas Department of Correction et al

Filing 6

ORDER adopting 3 Recommended Disposition in its entirety; therefore, Pltf's 1 Motion for Leave to Proceed in forma pauperis is denied as moot and Pltf's 5 Motion to Amend Complaint is denied; Pltf's complaint 2 is DISMISSED WITH PREJUDICE; the dismissal will count as a "strike" pursuant to 28 USC 1915(g); judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 1/27/09. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION HAL D. BARNES ADC #124499 VS. CASE NO.: 5:08CV00328 SWW/BD DEFENDANTS ORDER The Court has received the Recommended Disposition from Magistrate Judge Beth Deere. The parties have not filed objections. After careful review of the Recommended Disposition, as well as a de novo review of the record, the Court concludes that the Recommended Disposition should be, and hereby is, approved and adopted as this Court's findings in all respects in its entirety.1 Plaintiff's Complaint (docket entry #2) is DISMISSED WITH PREJUDICE under 28 U.S.C. 1915A. The dismissal will count as a "strike" for purposes of 28 U.S.C. 1915(g). The Court certifies that an in forma pauperis appeal taken from the order and judgment dismissing this action would be frivolous and not taken in good faith. IT IS SO ORDERED, this 27th day of January, 2009. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE P LAINTIFF ARKANSAS DEPARTMENT OF CORRECTION, et al. Plaintiff has not filed objections to the Magistrate Judge's recommended disposition but instead has filed a motion to amend what he states is his "ambiguous complaint." Plaintiff, however, sets forth nothing that would call into question the Magistrate Judge's recommended disposition. Accordingly, plaintiff's motion to amend his complaint [doc.#5] is denied. 1

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