Guinn v. Hobbs et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS 5 dismissing the case without prejudice. This dismissal counts as a strike. The Court certifies that an ifp appeal would not be taken in good faith. Signed by Judge Kristine G. Baker on 9/10/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DERRICK GUINN, ADC #148607 PLAINTIFF v. 5-12-cv-00218 KGB-JTR RAY HOBBS, Director, Arkansas Department of Correction, et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Dispositions 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. Pursuant to 28 U.S.C. § 1915A, this case is DISMISSED, WITHOUT PREJUDICE, for failing to state a claim upon which relief may be granted. 2. Dismissal 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. IT IS SO ORDERED this tO day of September, 2012. KRISTINE G. BAKER UNITED STATES DISTRICT JUDGE

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