Williams v. Bealer et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS 7 ; denying 5 Motion for Trial filed by Jackie Lee Williams as moot; dismissing the case without prejudice; and certifying that an ifp appeal would not be taken in good faith. Signed by Judge James M. Moody on 11/30/10. (bkp)

Williams v. Bealer et al

Doc. 13

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JACKIE LEE WILLIAMS ADC #093224 V. BARRY M. BEALER, Lieutenant, Varner Unit, et al. ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray. The Court extended the Plaintiff's time in which to file objections, however, no timely 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. Pursuant to the screening function mandated by 28 U.S.C. § 1915A, this case is 5:10CV00284 JMM/JTR DEFENDANTS

PLAINTIFF

DISMISSED, WITHOUT PREJUDICE, for failing to state a claim on which relief may be granted. 2. 3. 1915(g). 4. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis Plaintiff's Motion for a Jury Trial (docket entry #5) is DENIED, AS MOOT. Dismissal of this action CONSTITUTES a "strike," as defined by 28 U.S.C. §

appeal from this Order and the accompanying Judgment would not be taken in good faith.

Dockets.Justia.com

Dated this 30th day of November, 2010.

UNITED STATES DISTRICT JUDGE