Davis v. Montgomery et al

Filing 9

ORDER adopting 5 Proposed Findings and Recommended Disposition in their entirety as this Court's findings in all respects; dismissing this case without predudice for failing to state a claim for which relief may be granted; finding that dismissal of this action constitutes as a strike and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Chief Judge J. Leon Holmes on 7/15/11. (pag)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION WILLIE GASTER DAVIS, JR., ADC #109028 v. PLAINTIFF No. 5:11CV00150 JLH/JTR BARBARA A. MONTGOMERY, Sergeant, Maximum Security Unit, et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering these documents and making a de novo review of the record in this case, 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. Pursuant to the screening function mandated by 28 U.S.C. § 1915A, this case is DISMISSED, WITHOUT PREJUDICE, for failing to state a claim on which relief may be granted. 2. Dismissal of this action CONSTITUTES a “strike,” as defined by 28 U.S.C. § 1915(g). 3. The Court CERTIFIES, 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 15th day of July, 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?