May v. Williams et al

Filing 11

ORDER ADOPTING 7 Report and Recommendations in their entirety; therefore, pltf's amended complaint 6 is dismissed for failure to state a claim; this dismissal counts as a "strike"; judgment will be entered accordingly. Signed by Judge J. Leon Holmes on 1/3/13. (vjt) (Docket entry modified on 1/4/2013 to correct the file date.)(thd).

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION JAMES C. MAY, ADC #137749 v. PLAINTIFF No. 1:12CV00115-JLH-JJV MICHELLE WILLIAMS, Major, North Central Unit, ADC; 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. The Amended Complaint (Doc. No. 6) is DISMISSED for failure to state a claim on which relief may be granted. 2 This dismissal is considered a “strike” within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g). 3. The Court certifies that an in forma pauperis appeal from this Order and accompanying Judgment dismissing this action is not taken in good faith. 28 U.S.C. § 1915(a)(3). SO ORDERED this 3rd day of January, 2013. ________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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