Emerson v. Maples et al
Filing
43
ORDER ADOPTING REPORT AND RECOMMENDATIONS 36 and dismissing the case without prejudice for failure to state a claim upon which relief may be granted. This dismissal constitutes a "strike," and the Court certifies that an ifp appeal would not be in good faith. Signed by Judge James M. Moody on 6/28/12. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
TINA M. EMERSON,
ADC #710724
v.
PLAINTIFF
1:12-cv-00033-JMM-JJV
MAPLES, Warden, 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 and Plaintiff’s objections. After carefully
considering the objections and making a de novo review of the record, 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.
Plaintiff’s cause of action is DISMISSED without prejudice for failure to state a
claim upon which relief may be granted.
2.
This dismissal constitutes a “strike” within the meaning of the PLRA.
3.
The Court certifies that an in forma pauperis appeal from an Order and Judgment
dismissing this action is not in good faith, pursuant to 28 U.S.C. § 1915(g).
DATED this 28
day of June , 2012.
_____________________________________
JAMES M. MOODY
UNITED STATES DISTRICT JUDGE
1
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