Milburn v. Reed et al

Filing 8

ORDER adopting 5 Report and Recommendations in their entirety; therefore, this case is DISMISSED WITH PREJUDICE for failing to state a claim on which relief may be granted; dismissal of this action constitutes a "strike" pursuant to 28 USC 1915(g); judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 1/4/10. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION RANDY JOE MILBURN ADC #130450 V. 5:09CV00352 SWW/JTR DEFENDANTS PLAINTIFF J. REED, Correctional Officer, Randall Williams Correctional Facility, et al. ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering these documents and making a de novo review of the record in this case, 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, WITH 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. Dated this 4th day of January, 2010. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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