Guy v. Hobbs

Filing 7

ORDER approving and adopting the 6 proposed findings and recommended disposition; dismissing, with prejudice, 2 Plaintiff Bennie David Guy's Petition for Writ of Mandamus 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). It is certified that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Chief Judge Brian S. Miller on 3/7/2013. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BENNIE DAVID GUY
ADC #72720
v.

PLAINTIFF

CASE NO. 5:12CV00439 BSM

RAY HOBBS

DEFENDANT
ORDER

The proposed findings and recommended disposition [Doc. No. 6] submitted by
United States Magistrate Judge H. David Young have been reviewed. No objections have
been filed. After careful consideration and a de novo review of the record, it is found that
the proposed findings and recommended disposition should be, and hereby are, approved and
adopted in their entirety.
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff Bennie David Guy’s petition for writ of mandamus 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.

It is certified that an in forma pauperis appeal taken from the order and

judgment dismissing this action is considered frivolous and not in good faith.
4.

All pending motions are denied as moot.

Dated this 7th day of March 2013.

UNITED STATES DISTRICT JUDGE