GOLDEN v. FRYE (E.D.Ark. 10-27-2009)

RICKEY GOLDEN ADC # 136148 PLAINTIFF v. CAROL FRYE, Secretary, Arkansas Department of Correction, CLINTON HALL, Major, Diagnostic Unit, Arkansas Department of Correction; KEITH WADDLE, Disciplinary Hearing Officer, Arkansas Department of Correction; JAMES GIBSON, Disciplinary Hearing Officer, Arkansas Department of Correction; and LARRY NORRIS, Director, Arkansas Department of Correction DEFENDANTS.

5:09-cv-00088-JMM-JJV.United States District Court, E.D. Arkansas, Pine Bluff Division.
October 27, 2009

ORDER
JAMES MOODY, District Judge

The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and the objections. After carefully considering Plaintiff’s objections and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and Recommended Disposition 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. This action is DISMISSED and all pending motions are DENIED as moot;
2. Dismissal of this action shall count as a “strike” for purposes of 28 U.S.C. § 1915(g);[1] and

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3. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from any Order adopting these recommendations would not be taken in good faith.

[1] Title 28 U.S.C. § 1915(g) provides that: “In no event shall a prisoner bring a civil action or appeal a judgment in a civil action under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted. . . .