Cooper v. Winfrey et al

Filing 17

ORDER adopting the proposed findings and recommended disposition; dismissing Plaintiff Amos Cooper's complaint with prejudice; denying all pending motions as moot; dismissal of Cooper's complaint constitutes a strike within the meaning of the Prison Litigation Reform Act, 28 U.S.C. § 1915(g). Signed by Judge Brian S. Miller on 4/12/12. (hph)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
AMOS COOPER
ADC# 129093
v.

PLAINTIFF
CASE NO. 2:11CV00045 BSM

A. WINFREY, IRO, East Arkansas Regional Unit
Arkansas Department of Correction et al.

DEFENDANTS

ORDER
The proposed findings and recommended disposition submitted by United States
Magistrate Judge Joe J. Volpe [Doc. No. 15] have been reviewed. There were no objections
filed. After carefully considering these documents and making a de novo review of the
record, it is concluded that the proposed findings and recommended disposition should be,
and hereby are, approved and adopted in their entirety in all respects.
IT IS THEREFORE ORDERED that:
1.

Plaintiff Amos Cooper’s complaint [Doc. No. 2] should be dismissed with

prejudice for failure to state a claim upon which relief may be granted.
2.

All pending motions be denied as moot.

3.

Dismissal of Cooper’s complaint constitutes a “strike” within the meaning of

the Prison Litigation Reform Act, 28 U.S.C. § 1915(g).
4.

It is certified that, pursuant to 28 U.S.C. § 1915(a)(3), an in forma pauperis

appeal from this order and the accompanying judgment would not be taken in good faith.
IT IS SO ORDERED this 12th day of April 2012.

________________________________
UNITED STATES DISTRICT JUDGE