Martin v. Jacobs et al

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS 9 dismissing the case with prejudice for failure to state a claim upon which relief may be granted; certifying that an ifp appeal would not be taken in good faith; and counting this dismissal as a "strike". 3 Motion to Appoint Counsel is denyied as moot. 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
CURTIS L. MARTIN
ADC #86683
v.

PLAINTIFF

CASE NO. 5:10CV00311 BSM

KAJUANA L. JACOBS, 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.
4.

All pending motions are DENIED.

Dated this 25th day of April, 2011.

________________________________
UNITED STATES DISTRICT JUDGE