Wade v. Nance et al

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 , as lightly modified, and dismissing the 2 Complaint filed by Michael Wade. This dismissal is a strike; however, the Court does not certify that an appeal would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 2/28/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION

MICHAEL WADE
ADC#151652

v.

PLAINTIFF

No.1:12-cv-140-DPM-JJV

MELVIN NANCE, Doctor, North Central
Unit, Arkansas Department of Correction; et al.

DEFENDANTS

ORDER
Magistrate Judge Joe J. Volpe has recommended, Document No. 4, that
the Court dismiss Wade's complaint because the Eighth Amendment does not
give Wade a right to the same pain-management regime he enjoyed as a free
man. Wade has not objected. Reviewing for clear factual error and legal
error, FED. R. CIV. P. 72(b) (1983 addition to Advisory Committee Note), the
Court adopts Judge Volpe's recommendation as lightly modified. Wade's
complaint is dismissed without prejudice. This dismissal is a strike. 28 U .S.C.
§ 1915(g). The Court does not certify, however, that an appeal would not be

taken in good faith.

So Ordered.
D.P. Marshall Jr. 1
United States District Judge