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)

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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. ยง 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

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