Morrow v. Arkansas Department of Correction et al

Filing 12

ORDER adopting 5 Report and Recommendations in their entirety; therefore, pltf's complaint is DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted; this dismissal counts as a "strike" for purposes of 28 USC 1915(g); all pending motions are DENIED 3 11 ; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 12/9/10. (vjt)

Morrow v. Arkansas Department of Correction et al

Doc. 12

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION BERRY ISAAC MORROW ADC #143825 V. ARKANSAS DEPARTMENT OF CORRECTION 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: 5:10CV00285 SWW DEFENDANTS PLAINTIFF

upon which relief may be granted. 2. 3. 4. This dismissal counts as a "strike" for purposes of 28 U.S.C. § 1915(g). All pending motions are DENIED. 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 9th day of December, 2010. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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