Williams v. White et al

Filing 9

ORDER ADOPTING 6 PROPOSED FINDINGS AND RECOMMENDED DISPOSITION in their entirety in all respects; and dismissing Williams complaint 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(g). All pending motions are denied. 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. Signed by Judge Brian S. Miller on 12/20/2011. (kdr) (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RODNEY WILLIAMS
ADC #79899
v.

PLAINTIFF
CASE NO. 5:11CV00224 BSM

DAVID WHITE, Warden
Arkansas Department of Correction et al.

DEFENDANTS

ORDER
The proposed findings and recommended disposition submitted by United States
Magistrate Judge H. David Young [Doc. No. 6] and the filed objections [Doc. No. 8] 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.

Williams’s complaint is dismissed for failure to state a claim upon which relief

may be granted.
2.

Williams’s complaint is dismissed with prejudice with respect to his claims

made in connection with his August 14, 2009, hearing, and dismissed without prejudice with
respect to his claims made in connection with his March 11, 2011, hearing.
3.

This dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g).

4.

All pending motions are denied.

5.

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.
An appropriate judgment shall accompany this order.
IT IS SO ORDERED this 20th day of December 2011.

________________________________
UNITED STATES DISTRICT JUDGE

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