Ashford v. Johnson

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS and dismissing complaint with prejudice; finding motion for leave to proceed moot; and certifying that this dismissal counts as a "strike" and an ifp appeal taken from this order and judgment would be frivolous and not taken in good faith. Signed by Judge Brian S. Miller on 2/23/10. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION CHARLES ASHFORD ADC #133975 V. R. JOHNSON ORDER The court has received the recommended disposition from Magistrate Judge Beth Deere. No objections have been filed. After carefully reviewing the recommended disposition and reviewing the record de novo, it is concluded that the recommended disposition should be, and hereby is, approved and adopted in all respects in its entirety. Plaintiff's complaint (Doc. No. 2) is DISMISSED WITH PREJUDICE, and his motion for leave to proceed in forma pauperis (Doc. No. 1) is DENIED as moot. In addition, this dismissal counts as a "strike" for purposes of 28 U.S.C. § 1915(g), and it is certified that an in forma pauperis appeal taken from this order and judgment dismissing this action would be frivolous and not taken in good faith. IT IS SO ORDERED, this 23rd day of February, 2010. CASE NO. 5:10CV00009 BSM-BD DEFENDANT PLAINTIFF

________________________________ UNITED STATES DISTRICT JUDGE