McGraw v. Arkansas Department of Correction et al

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS 17 and dismissing plaintiff's Amended Complaint with prejudice; denying pending motions as moot; 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 11/15/10. (bkp)

McGraw v. Arkansas Department of Correction et al

Doc. 20

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION RAMON HOSEA MCGRAW, ADC# 142102 V. ARKANSAS DEPARTMENT OF CORRECTION; et al. ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and the parties' objections. 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 Mr. McGraw's Amended Complaint (Doc. No. 12) is DISMISSED with prejudice. The requested relief is denied and any pending motions are denied as moot. Dismissal of this action counts as a "strike" for purposes of 28 U.S.C. § 1915(g). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from the Judgment and Order adopting these recommendations would not be taken in good faith. DATED this 15th day of November, 2010. 5:10-cv-00227-JMM-JJV DEFENDANTS PLAINTIFF

JAMES M. MOODY UNITED STATES DISTRICT JUDGE

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