Davis v. Desha County Arkansas Circuit Court et al

Filing 6

JUDGMENT re 5 Order of Dismissal; 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 USC 1915(g); the Court certifies, pursuant t o 28 USC 1915(a)(3), that an ifp appeal from this Judgment and the accompanying Order of Dismissal would not be taken in good faith. Signed by Judge William R. Wilson, Jr on 11/19/09. (mkf)(VACATED BY ORDER DATED 12/9/09.) Modified on 12/9/2009 (bkp).

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION WILLIE GASTER DAVIS, JR. ADC #109028 V. 5:09CV00338 WRW DEFENDANTS PLAINTIFF DESHA COUNTY CIRCUIT COURT; and ARKANSAS SUPREME COURT JUDGMENT Consistent with the Order of Dismissal 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 of Dismissal would not be taken in good faith. Dated this 19th day of November, 2009 (146th Anniversary of President Abraham Lincoln's Gettysburg Address). /s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE

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