McDowell v. Reese et al

Filing 8

FINAL JUDGMENT Dismissing with prejudice and will be counted as a strike. Signed by District Judge Henry T. Wingate on 12/28/09 (MGB)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION MUSHUN DEONTRANY MCDOWELL, #K1103 VERSUS UNKNOWN REESE, et al. FINAL JUDGMENT This cause is before the Court, sua sponte, for consideration of dismissal. As reflected in the Memorandum Opinion and Order of the Court issued this day, Plaintiff's claims are not cognizable under 42 U.S.C. § 1983. Consequently, it is hereby, ORDERED AND ADJUDGED that this cause be dismissed pursuant to Title 28 U.S.C. § 1915(e)(2)(B)(ii), with prejudice, for failure to state a claim upon which relief may be granted. Since this case is dismissed in accordance with the above mentioned provision of the Prison Litigation Reform Act, it will be counted as a "strike" pursuant to Title 28 U.S.C. § 1915(g). SO ORDERED, this 28th day of December, 2009. s/ HENRY T. WINGATE CHIEF UNITED STATES DISTRICT JUDGE PLAINTIFF

CIVIL ACTION NO.4:09-cv-126-HTW-LRA DEFENDANTS