From Casetext: Smarter Legal Research

Boyle v. Lay

United States District Court, E.D. Arkansas, Pine Bluff Division
Dec 10, 2009
5:09-CV-00279-JMM-JJV (E.D. Ark. Dec. 10, 2009)

Opinion

5:09-CV-00279-JMM-JJV.

December 10, 2009


ORDER


The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and the objections of the parties. 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 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 this action is DISMISSED with prejudice, and dismissal of this action shall count as a "strike" for purposes of 28 U.S.C. § 1915(g). All pending motions are DENIED as moot.

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. . . .

The Court FURTHER CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and Judgment would not be taken in good faith.


Summaries of

Boyle v. Lay

United States District Court, E.D. Arkansas, Pine Bluff Division
Dec 10, 2009
5:09-CV-00279-JMM-JJV (E.D. Ark. Dec. 10, 2009)
Case details for

Boyle v. Lay

Case Details

Full title:SHANNON BOYLE ADC # 116113 PLAINTIFF v. GAYLON LAY, Warden, Cummins Unit…

Court:United States District Court, E.D. Arkansas, Pine Bluff Division

Date published: Dec 10, 2009

Citations

5:09-CV-00279-JMM-JJV (E.D. Ark. Dec. 10, 2009)

Citing Cases

Wright v. Page

These facts do not rise to the level of a constitutional violation. Boyle v. Lay, 2009 WL 4884222 (2009)…