Mitchell v. Bonds et al

Filing 7

ORDER adopting 6 Recommended Disposition in their entirety as this Court's findings in all respects. Plaintiff's 1 complaint against defendants is dismissed without prejudice for failure to state a claim upon which relief may be grante d. This dismissal is considered a strike within the meaning of the Prison Litigation Reform Act, 28 U.S.C. § 1915(g). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 4/27/2015. (ks)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION SHANE MITCHELL ADC #121150 v. PLAINTIFF Case No. 1:14-cv-00098-KGB-JJV LANCE BONDS, Sheriff, Mountain View, Arkansas; et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommendations submitted by United States Magistrate Judge Joe J. Volpe (Dkt. No. 6). No objections have been filed, and the time for doing so has passed. After careful consideration, the Court concludes that the Proposed Findings and Recommendations 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 against defendants 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. § 1915(g). 3. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith. SO ORDERED this the 27th day of April, 2015. ________________________________ KRISTINE G. BAKER UNITED STATES DISTRICT JUDGE

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