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)

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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

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