Wade v. Maples et al

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS 3 dismissing the complaint for failure to state a claim. This dismissal counts as a "strike," and the Court certifies that an ifp appeal would not be taken in good faith. Signed by Judge Kristine G. Baker on 2/4/13. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION MICHAEL WADE, ADC #151652 V. PLAINTIFF 1:12-cv-00136-KGB-JTK JOHN MAPLES, et al. DEFENDANTS ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. There have been no objections. After a review of those proposed findings and recommendations, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that: 1. Plaintiff’s Complaint against defendants is DISMISSED for failure to state a 2. Dismissal of this action constitutes a “strike” within the meaning of the Prison claim. Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g). 3. The Court certifies that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith, pursuant to 28 U.S.C. § 1915(a)(3). An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 4th day of February, 2013. ______________________________________ KRISTINE G. BAKER UNITED STATES DISTRICT JUDGE

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