Conway v. Hobbs et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS 5 and dismissing case with prejudice. Dismissal of this action constitutes a strike, and an ifp appeal would not be taken in good faith. Signed by Judge Brian S. Miller on 4/20/11. (kpr)

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION BYRON L. CONWAY, ADC #113285 v. PLAINTIFF CASE NO. 5:10cv00350 BSM/JTR RAY HOBBS, Director, Arkansas Department of Correction, et al. DEFENDANTS ORDER The proposed findings and recommended disposition submitted by United States Magistrate Judge J. Thomas Ray have been reviewed. No objections have been filed. After carefully considering the proposed findings and recommended disposition, it is concluded that they should be, and hereby are, approved and adopted in their entirety in all respects. IT IS THEREFORE ORDERED THAT: 1. Pursuant to the screening function mandated by 28 U.S.C. § 1915A, this case is DISMISSED, WITH PREJUDICE, because it is redundant of Conway v. Jackson, 5:10cv00225 JLH/BD. 2. Dismissal of this action CONSTITUTES a “strike,” as defined by 28 U.S.C. § 1915(g), because it is frivolous. 3. It is CERTIFIED, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this order and the accompanying judgment would not be taken in good faith. Dated this 20th day of April, 2011. UNITED STATES DISTRICT JUDGE

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