Neely v. Independence County Jail et al

Filing 9

ORDER ADOPTING 6 Report and Recommendations in their entirety; therefore, pltf's complaint is DISMISSED WITHOUT PREJUDICE for failing to state a claim on which relief may be granted; dismissal of this action constitutes a "strike" as defined by 28 USC Section 1915(g); judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 11/16/11. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION CHARLES L. NEELY v. PLAINTIFF No. 1:11CV00090 JLH/JTR INDEPENDENCE COUNTY JAIL, et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, 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 respects. IT IS THEREFORE ORDERED THAT: 1. Pursuant to the screening function mandated by 28 U.S.C. § 1915A, this case is DISMISSED, WITHOUT PREJUDICE, for failing to state a claim on which relief may be granted. 2. Dismissal of this action CONSTITUTES a “strike,” as defined by 28 U.S.C. § 1915(g). 3. 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 16th day of November, 2011. UNITED STATES DISTRICT JUDGE

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