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)

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