Lee v. Hood et al
ORDER ADOPTING 7 Report and Recommendations in their entirety; therefore, pltf's complaint 2 and amended complaint 3 are dismissed without prejudice for failure to state a claim upon which relief may be granted; this dismissal constitutes a "strike"; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 9/20/11. (vjt)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JAMES H. LEE,
MALISSA HOOD, Sgt., Independence
County Sheriff’s Office; et al.
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful
consideration, 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
IT IS, THEREFORE, ORDERED that:
Plaintiff’s Complaint and Amended Complaint (Doc. Nos. 2, 3) is DISMISSED
without prejudice for failure to state a claim upon which relief may be granted.
Dismissal of Plaintiff’s Complaint and Amended Complaint constitutes a “strike”
within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g).
The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis
appeal from this Order and the accompanying Judgment would not be taken in good faith.
DATED this 20th day of September, 2011.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
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