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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?