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15-2441 - Butler v. USA


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15-2441 - Butler v. USA
November 18, 2015
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: It is recommended that this action be summarily DISMISSED with prejudice as frivolous and for failure to state a claim. See 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b). This dismissal will count as a strike or prior occasion within the meaning of 28 U.S.C. § 1915(g). (Ordered by Magistrate Judge Renee Harris Toliver on 11/18/2015) (mcrd)
January 25, 2016
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ORDER: After reviewing the pleadings, record in this case, Report, objections, and conducting a de novo review of those portions of the Report to which objection was made, the court determines that the 12 findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court overrules Plaintiff's objections, denies his request for return of property seized during his arrest, and dismisses with prejudice this action as frivolous and failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b). Further, dismissal of this case shall count as a "strike" or "prior occasion" under 28 U.S.C. § 1915(g). The court certifies that any appeal of this action would not be taken in good faith. (Ordered by Judge Sam A Lindsay on 1/25/2016) (bdb)