Williams v. Horner

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS 5 and dismissing complaint with prejudice counting the dismissal as a "strike," and certifying that an ifp taken from the order and judgment dismissing this action would not be taken in good faith. Signed by Judge James M. Moody on 7/13/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DAVID WILLIAMS ADC # 78730 VS. SCOTT HORNER ORDER The Court has received the Recommended Disposition from Magistrate Judge Beth Deere. After careful review of the Recommended Disposition, the timely objections received thereto, 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, with the dismissal counting 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 in good faith. IT IS SO ORDERED, this 13 day of July , 2009. CASE NO. 5:09CV00163-JMM-BD DEFENDANT PLAINTIFF

________________________________ UNITED STATES DISTRICT JUDGE