Lee v. Independence County Detention Center

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS 10 and dismissing complaint and amended complaint for failure to state a claim upon which relief may be granted. 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 Susan Webber Wright on 12/12/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
IVAN HEATH LEE,

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Plaintiff,
v.
INDEPENDENCE COUNTY DETENTION
CENTER; et al.,
Defendants.

No. 1:12-cv-00085-SWW-JJV

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.

Plaintiff’s Complaint and Amended Complaint (Doc. Nos. 2, 9) are DISMISSED for

failure to state a claim upon which relief may be granted.
2.

Dismissal of this action constitutes a “strike” for purposes of 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 12th day of December, 2012.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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