Lewis v. Hall et al

Filing 25

ORDER ADOPTING 23 Report and Recommendations in their entirety; therefore, defts' 12 Motion to Dismiss is GRANTED, and this case is DISMISSED WITH PREJUDICE; dismissal of this action constitutes a "strike"; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 2/14/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

KENNETH LEWIS,
ADC #87974
V.

PLAINTIFF
5:11CV00256 SWW/JTR

CLINTON HALL, Chief of Security; and
ALICE HEARD, Correctional Officer,
Diagnostic Unit, Arkansas Department of Correction

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition
submitted by United States Magistrate Judge J. Thomas Ray. No objections have been
filed. After careful review, 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.

Defendants’ Motion to Dismiss (docket entry #12) is GRANTED, and

this case is DISMISSED, WITH PREJUDICE.
2.

Dismissal of this action CONSTITUTES a “strike,” as defined by 28

U.S.C. § 1915(g), as being frivolous.
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 14th day of February, 2012.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE