Penix v. Banks et al

Filing 9

ORDER adopting 8 Proposed Findings and Recommendations in all respects; dismissing without prejudice plaintiff's 2 complaint; finding that dismissal of this case counts as a "strike"; and finding that an in forma pauperis appeal of this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 11/24/2015. (rhm)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION CHELSEY MORNEE’ PENIX, ADC #710547 v. PLAINTIFF Case No. 1:15-cv-00032-KGB-JJV JAMES BANKS, Senior Warden, McPherson Unit, et al. DEFENDANTS ORDER The Court has received Proposed Findings and Recommendations from United States Magistrate Judge Joe Volpe (Dkt. No. 8). No objections were filed, and the time for filing objections has passed. After careful review of the Proposed Findings and Recommendations, the Court adopts them in their entirety as this Court’s findings in all respects. Accordingly, the Court dismisses without prejudice plaintiff’s complaint for failure to state a claim upon which relief may be granted (Dkt. No. 2). Dismissal of this case counts as a “strike” for purposes of 28 U.S.C. § 1915(g). Based on 28 U.S.C. § 1915(a)(3), an in forma pauperis appeal of this Order would not be taken in good faith. IT IS SO ORDERED this 24th day of November, 2015. ____________________________ KRISTINE G. BAKER UNITED STATES DISTRICT JUDGE

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