Quarles v. Grant County, Arkansas et al

Filing 9

ORDER ADOPTING 5 Report and Recommendations in their entirety; therefore, pltf's complaint 2 is dismissed sua sponte; pltf's 1 Motion for Leave to Proceed in forma pauperis is denied; service of process will not be ordered; this dismissal shall count as a "strike" pursuant to 28 USC 1915(g); judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 4/6/10. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION KRISTINA QUARLES, ADC #760441 v. NO. 5:10CV00059 JLH/HDY PLAINTIFF GRANT COUNTY, ARKANSAS; DALE WEST; EDDIE EASLEY; BOB FRAIZER; NORMAN FRISBY; and PHILLIP SHIRRON DEFENDANTS ORDER The Court has received findings and a recommendation from Magistrate Judge H. David Young. After a careful review of the findings and recommendation, the timely objections received thereto, and a de novo review of the record in this proceeding, the Court concludes that the findings and recommendation should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. Thus, the Court orders the following: (1) (2) service of process not be ordered; the complaint filed by plaintiff Kristina Quarles ("Quarles") pursuant to 42 U.S.C. 1983 is dismissed sua sponte; (3) (4) her application to proceed in forma pauperis is denied, and judgment is entered for all of the defendants. The dismissal of Quarles' complaint shall count as a "strike" for purposes of 28 U.S.C. 1915(g), and the Court certifies that an in forma pauperis appeal taken from the dismissal of her complaint would be frivolous and not in good faith. IT IS SO ORDERED this 6th day of April, 2010. UNITED STATES DISTRICT JUDGE 2

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