Shavers v. Toney

Filing 5

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 this 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 Chief Judge J. Leon Holmes on 2/17/09. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LOUIS G. SHAVERS, JR. ADC #110167 VS. RICKY TONEY ORDER The Court has received the Recommended Disposition from Magistrate Judge Beth Deere. The parties have not filed objections. After careful review, 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. 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 17th day of February, 2009. CASE NO.: 5:09CV00024 JLH/BD DEFENDANT P LAINTIFF

UNITED STATES DISTRICT JUDGE