Hearod v. Franklin

Filing 8

JUDGMENT re 7 Order on Report and Recommendations; the Complaint is DISMISSED with prejudice, for failing to state a claim upon which relief may be granted; the dismissal consitutes a "strike" as defined by 28 USC 1915(g); the Court certifies, pursuant to 28 USC 1915(a)(3), that an ifp appeal from this Judgment and the accompanying Order would not be taken in good faith. Signed by Judge James M. Moody on 12/23/09. (mkf)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION BENNIE HEAROD ADC #113427 V. JOANNA Z. FRANKLIN, Disciplinary Hearing Officer, Maximum Security Unit, et al. JUDGMENT Consistent with the Order that was entered on this day, it is CONSIDERED, ORDERED, and ADJUDGED that the Complaint is DISMISSED, WITH PREJUDICE, for failing to state a claim upon which relief may be granted. The dismissal constitutes a "strike" as defined by 28 U.S.C. 1915(g). Further, the Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from this Judgment and the accompanying Order would not be taken in good faith. Dated this 23rd day of December, 2009. 5:09CV00330 JMM/JTR PLAINTIFF DEFENDANTS UNITED STATES DISTRICT JUDGE

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