Madden v. Deen et al

Filing 7

ORDER ADOPTING 5 Report and Recommendations in their entirety; therefore, pltf's 4 Motion for Appointment of Counsel is DENIED AS MOOT; this case is DISMISSED WITHOUT PREJUDICE pursuant to the three strikes rule set forth in 28 USC 1915(g); if pltf wishes to continue with this case, he must within 30 days of the entry of this Order submit the $350 filing fee along with a motion to reopen case; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 8/30/10. (vjt)

Madden v. Deen et al

Doc. 7

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LEE MADDEN ADC #136534 v. No. 5:10CV00215 JLH/JTR DEFENDANTS ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, 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. MOOT. 2. The case is DISMISSED, WITHOUT PREJUDICE, pursuant to the three strikes rule Plaintiff's Motion for Appointment of Counsel (docket entry #4) is DENIED, AS PLAINTIFF

THOMAS DEEN, Prosecuting Attorney, Tenth Judicial District, et al.

set forth in 28 U.S.C. § 1915(g). 3. If Plaintiff wishes to continue with this case, he must, within thirty days of the entry

of this Order: (a) pay the $350 filing fee in full; and (b) file a Motion to Reopen the case. 4. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order and the accompanying Judgment would not be taken in good faith. Dated this 30th day of August, 2010.

UNITED STATES DISTRICT JUDGE

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