Neal v. Lucas et al
Filing
6
ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 and dismissing the case without prejudice. Dismissal of this complaint constitutes a strike within the meaning of the PLRA. The Court certifies that an ifp appeal would not be taken in good faith. Signed by Judge Kristine G. Baker on 2/20/13. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
DEANDRE NEAL,
v.
PLAINTIFF
1:12-cv-00133 KGB-JJV
DAVID LUCAS, Sheriff,
Jackson County; et al.
DEFENDANTS
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 (Dkt. No. 2) is dismissed without prejudice, pursuant to 28
U.S.C. §1915A(b), for failure to state a claim upon which relief may be granted.
2.
Dismissal of the complaint constitutes a “strike” within the meaning of the Prison
Litigation Reform Act (PLRA), 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.
SO ORDERED this 20th day of February, 2013.
____________________________________
Kristine G. Baker
United States District Judge
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