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Lomax v. Banks

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

February 18, 2015

DAKOTA LOMAX, ADC #132458, Plaintiff,
v.
JAMES BANKS, et al., Defendants.

ORDER

KRISTINE G. BAKER, District Judge.

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. ยง 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.


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