Thomas v. White et al

Filing 7

ORDER adopting 4 Proposed Findings and Recommended Disposition in their entirety as this Court's findings in all respects. Plaintiff's 2 Complaint is DISMISSED without prejudice for failure to state a claim upon which relief may be gra nted. This dismissal constitutes a strike within the meaning of the Prison Litigation Reform Act (PLRA), 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 James M. Moody Jr. on 4/23/2015. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
KENNETH DYGO THOMAS,
ADC # 550235
v.

PLAINTIFF

1:15CV00045-JM-JJV

WHITE, Corporal,
North Central Unit; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe and Plaintiff’s Objections. After carefully
considering the objections and making a de novo review of the record, the Court concludes that the
Proposed Findings and Recommended Disposition 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 (Doc. No. 2) is DISMISSED without prejudice for failure to

state a claim upon which relief may be granted.
2.

This dismissal constitutes a “strike” within the meaning of the Prison Litigation

Reform Act (PLRA), 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.
DATED this 23rd day of April, 2015.

_______________________________________
JAMES M. MOODY, JR.
UNITED STATES DISTRICT JUDGE

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