Ashford v. Whaley et al

Filing 7

ORDER adopting 5 Recommended Disposition in its entirety; therefore, this case is DISMISSED WITHOUT PREJUDICE for failing to state a claim on which relief may be granted; Dismissal of this action constitutes a "strike" pursuant to 28 USC 1915(g); judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 4/16/09. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION CHARLES ASHFORD ADC #133975 v. 5:09CV00086 JLH/JTR DEFENDANTS PLAINTIFF

JOHN WHALEY, Assistant Warden, and EDWIN BROWN, Lieutenant, Varner Super Max ORDE R

The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, 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: 1. Pursuant to the screening function mandated by 28 U.S.C. § 1915A, this case is

DISMISSED, WITHOUT PREJUDICE, for failing to state a claim on which relief may be granted. 2. § 1915(g). 3. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis Dismissal of this action CONSTITUTES a "strike," as defined by 28 U.S.C.

appeal from this Order and the accompanying Judgment would not be taken in good faith. Dated this 16th day of April, 2009.

UNITED STATES DISTRICT JUDGE