Peterson v. Blair et al

Filing 33

ORDER approving and adopting 31 Proposed Findings and Recommended Disposition in their entirety as this Court's findings in all respects; granting 29 Defendants' Motion to Dismiss and dismissing the Complaint for failure to state a clai m on which relief may be granted; constituting the dismissal of Plaintiff's Complaint as a "strike" within the meaning of the Prison Litigation Reform Act; and, certifying that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge James M. Moody on 10/16/2012. (dmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
VICTORIA L. PETERSON
ADC #707743
v.

PLAINTIFF

1:11-cv-00116-JMM-JJV

W. BLAIR, Correctional Officer,
McPherson Unit, Arkansas
Department of Correction; et al.

DEFENDANTS
ORDER

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
respects.
IT IS, THEREFORE, ORDERED that:
1.

Defendants’ Motion to Dismiss (Doc. No. 29) is GRANTED and the Complaint (Doc.

No. 2) is DISMISSED for failure to state a claim on which relief may be granted.
2.

Dismissal of Plaintiff’s Complaint should constitute a “strike” within the meaning

of the Prison Litigation Reform Act (PLRA), 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 October, 2012.

JAMES M. MOODY
UNITED STATES DISTRICT JUDGE