Boen v. Arkansas Department of Correction et al

Filing 5

ORDER finding as moot 1 Motion for Leave to Proceed in forma pauperis; adopting 3 Report and Recommendations in their entirety as this court's findings in all respects; Pltf's complaint is DISMISSED with prejudice; this dismissal counts as a "strike" for purposes of 28 USC 1915(g), and the court certifies that an ifp appeal taken from the order and judgment dismissing this action would be frivolous and not taken in good faith. Signed by Judge Brian S. Miller on 4/3/09. (mkf)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JEFFREY LEE BOEN ADC #140867 VS. CASE NO.: 5:09CV00072 BSM/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. Plaintiff's complaint (docket entry #2) is DISMISSED with prejudice, and his motion for leave to proceed in forma pauperis (#1) is DENIED as moot. This dismissal will count as a "strike" for purposes of 28 U.S.C. § 1915(g), and 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 3rd day of April, 2009. ________________________________ UNITED STATES DISTRICT JUDGE PLAINTIFF

ARKANSAS DEPARTMENT OF CORRECTION, et al.