Lomax v. Banks et al, No. 5:2014cv00206 - Document 9 (E.D. Ark. 2015)

Court Description: 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)
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Lomax v. Banks et al Doc. 9 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 Dockets.Justia.com