Loudermilk v. Lattimore et al

Filing 14

ORDER ADOPTING Proposed Findings and Recommended Disposition. Plaintiff's complaint is DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted. This dismissal counts as a "strike" for purposes of 28 U S C 1915. The Court certifies that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Chief Judge J. Leon Holmes on 9/16/11. (pag)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
TERRY EUGENE LOUDERMILK, JR.,
ADC #133339
v.

PLAINTIFF

NO. 5:11CV00103 JLH

DIALO LATTIMORE, et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted by
United States Magistrate Judge H. David Young. No objections have been filed. After careful
consideration, the Court concludes that the Proposed Findings and Recommended Disposition should
be, and hereby are, approved and adopted in their entirety as this Court's findings 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.

The Court certifies 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 16th day of September, 2011.

UNITED STATES DISTRICT JUDGE