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)
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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