Proctor v. White et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 and dismissing complaint with prejudice for failure to state a claim; this dismissal counts as a "strike," and an ifp appeal taken from the order and judgment would not be taken in good faith. Signed by Judge William R. Wilson, Jr on 7/15/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION TERRY PROCTOR ADC #87410 V. DAVID WHITE et al. ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young, and the objections filed. After carefully considering the objections and making a de novo review of the record in this case, 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. Plaintiff's complaint is DISMISSED WITH PREJUDICE for failure to state a claim 5:09CV00172 WRW DEFENDANTS PLAINTIFF 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 15th day of July, 2009. /s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE

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