Coffey v. Hobbs et al

Filing 9

ORDER ADOPTING 8 the proposed findings and recommended disposition; and, dismissing 2 the Plaintiff's Complaint for failure to state a claim upon which relief may be granted. Dismissal of plaintiff's complaint constitutes a "stri ke" within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g). It is certified, 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. All pending motions are denied as moot. Signed by Chief Judge Brian S. Miller on 9/6/2012. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
KENNY COFFEY
ADC #86434
v.

PLAINTIFF
CASE NO. 2:11CV00172 BSM/JJV

RAY HOBBS, Director,
Arkansas Department of Correction et al.

DEFENDANTS

ORDER
The proposed findings and recommended disposition submitted by United States
Magistrate Judge Joe J. Volpe have been reviewed. No objections have been 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’s complaint [Doc. No. 2] is dismissed for failure to state a claim upon

which relief may be granted.
2.

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

the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g).
3.

It is certified, 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.
4.

All pending motions are denied as moot.

Dated this 6th day of September 2012.

UNITED STATES DISTRICT JUDGE

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