Carney #188923 et al v. Treadeau et al

Filing 64

JUDGMENT that the action is dismissed for failure to state a claim; the Court discerns no good-faith basis for an appeal; this dismissal also counts as a strike ; signed by Senior Judge Wendell A. Miles (Senior Judge Wendell A. Miles, sds)

UNITED STATES OF AMERICA UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION

JEFFERY CARNEY, Plaintiff, v. ROBERT TREADEAU et al., Defendants. ____________________________________/ JUDGMENT In accordance with the Opinion issued herewith, IT IS ORDERED that Plaintiff's complaint is DISMISSED for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A(b), and 42 U.S.C. § 1997e(c). The Court finds no good-faith basis for appeal within the meaning of 28 U.S.C. § 1915(a)(3). See McGore v. Wrigglesworth, 114 F.3d 601, 611 (6th Cir. 1997). IT IS FURTHER ORDERED that the dismissal of this action counts as a strike for purposes of 28 U.S.C. § 1915(g). Case No. 2:07-cv-83 Honorable Wendell A. Miles

Dated: October 30, 2008

/s/ Wendell A. Miles Wendell A. Miles United States District Judge