Hobbs v. Evans et al

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS 16 and 11 Motion to Dismiss Case as Frivolous; dismissing 2 Complaint filed by Harold Hobbs. This dismissal counts as a "strike," and the Court certifies that an ifp appeal would not be taken in good faith. Signed by Judge James M. Moody on 4/30/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION HAROLD HOBBS ADC #77219 V. PLAINTIFF NO: 5:12CV00044 JMM MARVIN EVANS et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young, and the objections filed. After carefully considering the objections 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. Defendants’ motion to dismiss (docket entry #11) is GRANTED, and Plaintiff’s complaint is DISMISSED WITH PREJUDICE. 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 30th day of April, 2012. UNITED STATES DISTRICT JUDGE

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