Liddell v. Broadway

Filing 6

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 gran ted. Dismissal of this action counts as a strike for purposes of 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 J. Leon Holmes on 7/20/2015. (ks)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION ALBERT W. LIDDELL, ADC # 074014 v. PLAINTIFF No. 1:15CV00069 JLH-JJV G. BROADWAY, Correctional Officer, North Central Unit DEFENDANT ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful consideration, 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. Dismissal of this action counts as a “strike” for purposes of 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 20th day of July, 2015. ________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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