Richardson v. Pevey et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS 5 and dismissing the complaint with prejudice. The dismissal counts as a strike, and the Court certifies that an ifp appeal would be frivolous and not taken in good faith. Signed by Judge D. P. Marshall Jr. on 4/6/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION EVERY DONELLE RICHARDSON ADC # 139311 v. PLAINTIFF No.5:12-cv-96-DPM AMANDA PEVEY, Nurse, Varner Unit, ADC; RAYMOND NAYLOR, Disciplinary Hearing Administrator, ADC; and MINNIE L. DRAYER, Disciplinary Hearing Officer, ADC DEFENDANTS ORDER United States Magistrate Judge Deere recently entered proposed findings and recommendations in this case. Document No.5. Judge Deere concluded that the Court should dismiss Richardson's claims with prejudice because, even assuming all the allegations in Richardson's complaint are true, he cannot prevail on his due-process claim. Richardson did not object to Judge Deere's recommended disposition. Having reviewed the proposal for clear errors of fact on the face of the record, FED. R. CIV. P. 72(b) (advisory committee notes to 1983 addition), and for legal error, the Court adopts Judge Deere's proposed findings and recommendations as its own. 28 U.S.C. § 636(b)(1)(B). The Court therefore dismisses Richardson's complaint, Document No.2, with prejudice. The dismissal counts as a strike under 28 U.S.C. § 1915(g). And the Court certifies that an in forma pauperis appeal would be frivolous and not taken in good faith. So Ordered. D.P. Marshall Jr. United States District Judge -2­

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