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Eaton v. Arkansas State Police

October 16, 2007

DETINA EATON LISA, MARIA SALAZAR FANN ADC #707841 PLAINTIFFS
v.
ARKANSAS STATE POLICE DEFENDANT



The opinion of the court was delivered by: Wm. R. Wilson, Jr. United States District Judge

ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition received from Magistrate Judge Jerry Cavaneau and the objections filed in response, and has further reviewed the relevant record de novo. The Findings and Recommendations are adopted in their entirety as this Court's findings.

Accordingly, judgment shall be entered dismissing this complaint without prejudice. All pending motions are denied as moot. Additionally, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this order adopting the recommendations, and any judgment entered hereunder, would not be taken in good faith.

Pursuant to Armentrout v. Tyra, 175 F.3d 1023 (8th Cir. Feb. 9, 1999) (unpub. table op.), an action dismissed without prejudice under Heck v. Humphrey, 512 U.S. 477 (1994), should count as a "strike" pursuant to 28 U.S.C. § 1915(g)*fn1 as to Plaintiff Eaton only.

IT IS SO ORDERED this 16th day of ...


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