Haynes v. Lucas et al

Filing 10

ORDER approving and adopting 6 the proposed findings and recommended disposition; and dismissing 2 Plaintiff Josh Haynes' Complaint, without prejudice. This dismissal is considered a "strike" within the meaning of the Prison Litigation Reform Act, 28 U.S.C. Section 1915(g). It is certified, pursuant to 28 U.S.C. Section 1915(a)(3), that an in forma pauperis appeal would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 2/5/2013. (kdr)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION JOSH LAMAR HAYNES v. PLAINTIFF CASE NO: 1:12CV00119 BSM DAVID LUCAS and MIKE SMITH DEFENDANTS ORDER The proposed findings and recommended disposition [Doc. No. 6] submitted by United States Magistrate Judge Jerome T. Kearney and the objections thereto have been reviewed. After careful consideration and a de novo review of the record, it is found that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety. IT IS THEREFORE ORDERED THAT: 1. Plaintiff Josh Haynes’s complaint [Doc. No. 2] is dismissed without prejudice for failure to state a claim upon which relief may be granted. 2. This dismissal is considered a “strike” within the meaning of the Prison Litigation Reform Act, 28 U.S.C. Section 1915(g). 3. It is certified, pursuant to 28 U.S.C. Section1915(a)(3), that an in forma pauperis appeal would not be taken in good faith. Dated this 5th day of February 2013. UNITED STATES DISTRICT JUDGE

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