Hicks v. Arkansas Department of Correction

Filing 8

ORDER ADOPTING 6 Report and Recommendations in their entirety; therefore, this case is DISMISSED WITHOUT PREJUDICE for failure to state a claim; dismissal constitutes a "strike"; judgment will be entered accordingly. Signed by Judge Brian S. Miller on 8/9/11. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION BRIAN JAMES HICKS, ADC #138964 v. PLAINTIFF CASE NO. 1:11-cv-00047 BSM/JTR ARKANSAS DEPARTMENT OF CORRECTION DEFENDANT ORDER The proposed findings and recommended disposition [Doc. No. 6] submitted by United States Magistrate Judge J. Thomas Ray have been received. No objections have been filed. After carefully considering these documents and making a de novo review of the record, it is concluded that the proposed findings and recommended disposition [Doc. No. 6] should be, and hereby are, approved and adopted in their entirety in all respects. IT IS THEREFORE ORDERED that: 1. The case is DISMISSED WITHOUT PREJUDICE, for failure to state a claim. 2. Dismissal constitutes a “strike” as defined by 28 U.S.C. § 1915(g). 3. Pursuant to 28 U.S.C. § 1915(a)(3), an in forma pauperis appeal from this order and the accompanying judgment would not be taken in good faith. IT IS SO ORDERED this 9th day of August 2011. UNITED STATES DISTRICT JUDGE

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