Deer v. Hobbs

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS 5 and dismissing the case without prejudice, denying all pending motions as moot and counting as a "strike" the dismissal of this case and certifying that an ifp appeal would not be taken in good faith. Signed by Judge James M. Moody on 4/26/10. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION THOMAS LEE DEER, ADC # 078527 V. RAY HOBBS, Director, Arkansas Department of Correction ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful consideration, 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 this action is DISMISSED without prejudice, all pending motions are denied as moot, and that dismissal of this action shall count as a "strike" for purposes of 28 U.S.C. 1915(g).1 IT IS FURTHER ORDERED that the Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from any order adopting these recommendations would not be taken in good faith. 5:10-CV-00094-JJM-JJV DEFENDANT PLAINTIFF Title 28 U.S.C. 1915(g) provides that: "In no event shall a prisoner bring a civil action or appeal a judgment in a civil action under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted . . . ." 1 1 DATED this 26th day of April, 2010. ___________________________________ JAMES M. MOODY UNITED STATES DISTRICT JUDGE 2

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