Biles v. Day et al, No. 5:2010cv00237 - Document 10 (E.D. Ark. 2010)
Court Description: ORDER adopting 8 Magistrage Judge Young's propsed findings and recommendations; and dismissing Biles's complaint with prejudice against all Defendants for failure to state a claim. Signed by Judge D. P. Marshall Jr. on 10/28/10. (hph)
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Biles v. Day et al Doc. 10 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DONALD CLAY BILES ADC #79241 v. PLAINTIFF Case No. 5:10-cv-237-DPM DAY, Captain, Cummins Unit, ADC; CRYSTAL WOOD, Classification Officer, Cummins Unit, ADC; BURLS, Warden, East Arkansas Regional Unit, ADC; and CLAY, Disciplinary Hearing Officer, East Arkansas Regional Unit, ADC DEFENDANTS ORDER The Court has carefully reviewed the Proposed Findings and Recommendations from Magistrate Judge H. David Young. Biles has not filed any objections. The Court sees no legal error or clear error of fact on the face of this record as a whole. FED. R. Crv. P. 72(b) (advisory committee notes to 1983 addition). The Court therefore adopts Magistrate Judge Young's proposed findings and recommendations, Document No.8, as its own. Biles's complaint is dismissed with prejudice against all Defendants for failure to state a claim. This dismissal counts as a "strike" for purposes of 28 V.S.C.A. § 1915(g) (West 2006). The Court certifies that an in forma pauperis appeal Dockets.Justia.com from this Order would not be taken in good faith. 28 U.S.C.A. § 1915(a)(3) (West 2006). So Ordered. D.P. Marshall Jr. United States District Judge ~B CJd-. ;)..010
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