Smith Jr. v. Ferriter et al
Filing 8
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. Smith's complaint 2 is DISMISSED for failure to state a claim. The 6 Motion to Appoint Counsel is DENIED AS MOOT. The filing of this action constitutes one strike against Smith pursuant to 28 U.S.C. § 1915(g). The Court certifies that any appeal would not be taken in good faith. Signed by Judge Richard F. Cebull on 10/18/2010. Mailed to Smith. (TAG, )
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