Davis v. Sessions et al

Filing 10

ORDER adopting 8 Proposed Findings and Recommended Disposition; dismissing the 6 Amended Complaint without prejudice for failure to state a claim upon which relief may be granted; 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 03/06/2017. (rhm)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION COLLARS DAVIS ADC #115586 VS. PLAINTIFF 1:17CV00002-BRW D. SESSIONS, In-house Parole Officer, ADC; et al. DEFENDANTS ORDER I have reviewed the Proposed Findings and Recommended Disposition (Doc. No. 8) submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful consideration, I approve and adopt the Proposed Findings and Recommended Disposition in their entirety. Accordingly, the Amended Complaint (Doc. No. 6) 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). I certify, 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 6th day of March, 2017. /s/ Billy Roy Wilson UNITED STATES DISTRICT JUDGE 1

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