Briley v. Morgan et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS 13 and dismissing plaintiff's complaint with prejudice, counting this dismissal as a "strike," and certifying that an ifp appeal would not be taken in good faith. Signed by Judge James M. Moody on 7/20/10. (bkp)

Briley v. Morgan et al

Doc. 16

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION EDDIE E. BRILEY, JR. V. CLEON MORGAN et al. ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young, and the objections filed. After carefully considering the objections 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. Plaintiff's complaint is DISMISSED WITH PREJUDICE for failure to state a claim NO: 5:10CV00129 JMM DEFENDANTS PLAINTIFF

upon which relief may be granted. 2. 3. This dismissal counts as a "strike" for purposes of 28 U.S.C. § 1915(g). The Court certifies that an in forma pauperis appeal taken from the order and

judgment dismissing this action is considered frivolous and not in good faith. DATED this 20th day of July, 2010.

UNITED STATES DISTRICT JUDGE

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