Brazell v. Robinson et al

Filing 12

ORDER ADOPTING 10 Report and Recommendations and dismissing case with dismissal counting as a "strike," and certifying that an ifp appeal from this Order and Judgment would not be taken in good faith. Signed by Judge James M. Moody on 5/13/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ROOSEVELT BRAZELL ADC # 100810 V. GERALD ROBINSON et al. 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 this action is DISMISSED, and dismissal of this 5:09CV00059 JMM DEFENDANTS PLAINTIFF

action shall count as a "strike" for purposes of 28 U.S.C. § 1915(g).1 The Court FURTHER CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and Judgment would not be taken in good faith. DATED this 13th day of May, 2009.

UNITED STATES DISTRICT JUDGE

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 . . . .

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