Barton v. Maples et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS 5 and dismissing the 2 Complaint without prejudice. Dismissal of this action constitutes a "strike," and the Court certifies that an ifp appeal would not be taken in good faith. Signed by Judge James M. Moody on 5/29/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION FREDERICK JODY BARTON, ADC #142505 V. PLAINTIFF 1:12CV00038 JMM/JTR JOHN MAPLES, Warden, Grimes 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 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 29th day of May, 2012. UNITED STATES DISTRICT JUDGE

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