Lomax v. Banks et al

Filing 9

ORDER APPROVING AND ADOPTING 5 PROPOSED FINDINGS AND RECOMMENDATIONS in their entirety as this Court's findings in all respects; dismissing Mr. Lomax's 2 Complaint without prejudice for failure to state a claim; finding that this dismissal counts as a "strike"; certifying that an in forma pauperis appeal is considered frivolous and not in good faith; and denying all pending motions as moot. Signed by Judge Kristine G. Baker on 02/18/2015. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DAKOTA LOMAX
ADC #132458
v.

PLAINTIFF

Case No. 5:14-cv-00206-KGB

JAMES BANKS, et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommendations submitted by United
States Magistrate Judge H. David Young (Dkt. No. 5) and the objections filed by plaintiff Dakota
Lomax (Dkt. No. 6). 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 Recommendations 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.

Mr. Lomax’s complaint is dismissed without 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.
4.

All pending motions are denied as moot.

SO ORDERED this the 18th day of February, 2015.

KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE