Proctor v. Spears et al

Filing 29

ORDER granting 20 Defendants' motion to dismiss, and Plaintiff's complaint is dismissed with prejudice for failure to state a claim upon which relief may be granted; counting dismissal as a strike for purposes of 28 U.S.C. § 1915(g); and certifying that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge Susan Webber Wright on 8/7/09. (hph)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION TERRY PROCTOR ADC #87410 V. JOHN SPEARS et al. NO: 5:09CV00084 SWW DEFENDANTS PLAINTIFF ORDE R 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 ourt's findings in all respects. IT IS THEREFORE ORDERED THAT: 1. Defendants' motion to dismiss (docket entry #20) is GRANTED, and Plaintiff's complaint is DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted. 2. 3. This dismissal counts 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 is considered frivolous and not in good faith. DATED this 7th day of August, 2009. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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