Sebastian v. Taylor et al
ORDER ADOPTING 5 the proposed findings and recommended disposition; dismissing 2 plaintiff's complaint for failure to state a claim upon which relief may be granted; and denying as moot 6 plaintiff's motion to dismiss. 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 1/16/2014. (kdr)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RAY A. SEBASTIAN
CASE NO: 5:13CV00327 BSM
LORI TAYLOR et al.
The proposed findings and recommended disposition submitted by United States
Magistrate Judge H. David Young have been reviewed. No objections have been filed. After
carefully considering the objections, it is concluded that the proposed findings and
recommended disposition should be, and hereby are, approved and adopted in their entirety
in all respects.
IT IS THEREFORE ORDERED THAT:
Plaintiff’s complaint is dismissed for failure to state a claim upon which relief
may be granted, and his motion to dismiss [Doc. No. 6] is denied as moot.
This dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g).
It is further certified that an in forma pauperis appeal taken from the order and
judgment dismissing this action is considered frivolous and not in good faith.
An appropriate judgment shall accompany this order.
DATED this 16th day of January 2014.
UNITED STATES DISTRICT JUDGE
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