Webb v. Manus et al

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS 17 that pursuant to the screening mandated by 28 U.S.C. 1915A, the case is dismissed without prejudice for failure to state a claim upon which relief may be granted: This dismissal constitutes a strike, and the Court certifies that an ifp appeal from this Order and Judgment would not be taken in good faith. Signed by Chief Judge J. Leon Holmes on 5/19/10. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION BRIAN J. WEBB ADC #141031 v. No. 5:09CV00331 JLH/JTR PLAINTIFF

RANDALL E. MANUS, Deputy Warden, Maximum Security Unit, Arkansas Department of Correction, et al. ORDE R

DEFENDANTS

The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, 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. Pursuant to the screening function mandated by 28 U.S.C. § 1915A, this case is

DISMISSED, WITHOUT PREJUDICE, for failing to state a claim on which relief may be granted. 2. § 1915(g). 3. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis Dismissal of this action CONSTITUTES a "strike," as defined by 28 U.S.C.

appeal from this Order and the accompanying Judgment would not be taken in good faith. IT IS SO ORDERED this 19th day of May, 2010.

UNITED STATES DISTRICT JUDGE