Miller v. Lewis et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS 6 and dismissing this case with prejudice for failure to state a claim; 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
MELTON LEE MILLER
ADC #82966
v.

PLAINTIFF

CASE NO. 5:10CV00303 BSM

J. HARRIS, et al.

DEFENDANTS
ORDER

The proposed findings and recommended disposition submitted by United States
Magistrate Judge H. David Young 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:
1.

Plaintiff’s complaint is dismissed with prejudice for failure to state a claim

upon which relief may be granted.
2.

This dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g).

3.

It is certified 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 25th day of April, 2011.

________________________________
UNITED STATES DISTRICT JUDGE