Manning v. Hobbs et al

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS 17 and dismissing the 1 Complaint filed by Travis Manning. The dismissal counts as a strike, and the Court certifies that an ifp appeal would not be taken in good faith. Signed by Judge James M. Moody on 6/8/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION TRAVIS MANNING ADC # 144583 v. PLAINTIFF 2:12-cv-00038-JMM-JJV RAY HOBBS, Director, Arkansas Department of Correction; et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and the Plaintiff’s objections. After carefully considering the objections and making a de novo review of the record, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court’s findings 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. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. SO ORDERED this 8th day of June, 2012. JAMES M. MOODY UNITED STATES DISTRICT JUDGE

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