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)
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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