Ashford et al v. Washington et al

Filing 7

ORDER adopting 3 Recommended Disposition in its entirety; therefore, pltf's complaint 2 is DISMISSED WITH PREJUDICE; pltf's 1 Motion for Leave to Proceed in forma pauperis is DENIED as moot; and pltf's motions 5 for appoinment of counsel and 6 for extension of time are DENIED; this dismissal will count as a "strike" pursuant to 28 USC 1915(g); judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 9/16/09. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION CHARLES ASHFORD ADC #133975 V. CASE NO. 5:09CV00224 JLH/BD DEFENDANTS ORDER The Court has received the Recommended Disposition from Magistrate Judge Beth Deere. After careful review of the Recommended Disposition, 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 under 28 U.S.C. 1915A. Plaintiff's motion for leave to proceed in forma pauperis (docket entry #1) is DENIED as moot. Plaintiff's motion for appointment of counsel (docket entry #5) is DENIED. Plaintiff's motion for extension of time to file objections to the Recommended Disposition (docket entry #6) is DENIED. The dismissal will count 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 would not be taken in good faith. IT IS SO ORDERED this 16th day of September, 2009. PLAINTIFF WALTER WASHINGTON, et al. UNITED STATES DISTRICT JUDGE

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