Lomax v. Straughn et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS 7 and dismissing plaintiff's complaint with prejudice. This dismissal counts as a "strike," and the Court certifies that an ifp appeal would not be taken in good faith. Signed by Judge Susan Webber Wright on 12/12/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DAKOTA LOMAX ADC #132458 V. PLAINTIFF NO: 5:12CV00353 SWW WILLIAM STRAUGHN 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. Plaintiff’s complaint is DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted. 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 12th day of December, 2012. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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