Cantrell v. Arkansas Department of Correction et al

Filing 11

ORDER approving and adopting 7 Proposed Findings and Recommended Disposition in all respects; dismissing Plaintiff's 3 Complaint without prejudice for failure to state a claim; finding that dismissal of this action 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 Billy Roy Wilson on 08/16/2016. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
JIMMY SHANE CANTRELL, ADC # 98730
VS.

PLAINTIFF

1:16CV00075-BRW

ARKANSAS DEPARTMENT
OF CORRECTION, et al.,

DEFENDANT
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 considering the
objections and making a de novo review of the record, the Court approves and adopts the
Proposed Findings and Recommended Disposition in all respects.
Accordingly, Plaintiff’s Complaint (Doc. No. 3) is DISMISSED without prejudice for
failure to state a claim upon which relief may be granted.
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.
IT IS SO ORDERED this 16th day of August, 2016.

/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

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