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)

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