Lomax v. Straughn et al
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)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
NO: 5:12CV00353 SWW
WILLIAM STRAUGHN et al.
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:
Plaintiff’s complaint is DISMISSED WITH PREJUDICE for failure to state a claim
upon which relief may be granted.
This dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g).
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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