Madden v. Arkansas Department of Correction

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS 6 dismissing complaint with prejudice for failure to state a claim; counting this dismissal as a "strike"; and certifying that an ifp appeal taken from this order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge James M. Moody on 8/24/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LEE MADDEN ADC #136534 V. ARKANSAS DEPARTMENT OF CORRECTION 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 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 NO: 5:09CV00175 JMM DEFENDANT 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 24th day of August, 2009. UNITED STATES DISTRICT JUDGE

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