Morris v. Milgrim et al

Filing 10

ORDER approving and adopting 6 Proposed Findings and Recommendations as this Court's findings in all respects; dismissing this case without prejudice for failure to state a claim upon which relief may be granted; finding that dismissal of this case counts as a "strike"; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 12/08/2016. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
MARK MORRIS,
ADC #156949
v.

PLAINTIFF
Case No. 1:15-cv-00126-KGB-JJV

MILGRIM, Sergeant,
Grimes Unit, et al.

DEFENDANTS
ORDER

The Court has received Proposed Findings and Recommendations filed by United States
Magistrate Judge Joe J. Volpe (Dkt. No. 6). Plaintiff Mark Morris has objected to the Proposed
Findings and Recommendations (Dkt. No. 7). After careful review of the Proposed Findings and
Recommendations, the objections, and a de novo review of the record, the Court concludes that
the Proposed Findings and Recommendations should be, and hereby are, approved and adopted
as this Court’s findings in all respects.
Accordingly, this case is dismissed without prejudice for failure to state a claim upon
which relief may be granted. Dismissal of this case counts as a “strike” for purposes of 28
U.S.C. § 1915(g). Additionally, 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 8th day of December, 2016.

________________________________
Kristine G. Baker
United States District Court Judge