Smith v. Hobbs et al
ORDER ADOPTING 9 Report and Recommendations dismissing this case without prejudice, for failure to state a claim upon which relief may be granted; counting this dismissal as a "strike"; and certifying that an ifp appeal would not be taken in good faith. Signed by Judge Brian S. Miller on 4/25/11. (kpr)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JAMES EDWARD SMITH
CASE NO. 5:10CV00220 BSM/JTR
RAY HOBBS, Director,
Arkansas Department of Correction et al.
The proposed findings and recommended disposition submitted by United States
Magistrate Judge J. Thomas Ray and the filed objections have been reviewed. After carefully
considering these documents and making a de novo review of the record, it is concluded that
the proposed findings and recommended disposition should be, and hereby are, approved and
adopted in their entirety in all respects.
IT IS THEREFORE ORDERED THAT:
Pursuant to the screening function mandated by 28 U.S.C. § 1915A, this case
is dismissed, without prejudice, for failing to state a claim on which relief may be granted.
Dismissal of this action constitutes a “strike,” as defined by 28 U.S.C. §
It is certified, 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 25th day of April, 2011.
UNITED STATES DISTRICT JUDGE
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