Emerson v. Maples et al
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
TINA M. EMERSON,
MAPLES, Warden, McPherson Unit,
Arkansas Department of Correction; et al.
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:
Plaintiff’s cause of action is DISMISSED without prejudice for failure to state a
claim upon which relief may be granted.
This dismissal constitutes a “strike” within the meaning of the PLRA.
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?