Washington v. Burl et al

Filing 14

ORDER ADOPTING 9 the proposed findings and recommended disposition; and dismissing 1 Washington's complaint against defendants without prejudice for failure to state a claim upon which relief may be granted. This dismissal is considered a & quot;strike" within in the meaning of the Prison Litigation Reform ACT, 28 U.S.C. § 1915(g). It is certified that an in forma pauperis appeal from this order and the accompanying judgment dismissing this action would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 5/27/2014. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
ANTHONY WASHINGTON,
ADC #146156
v.

PLAINTIFF

CASE NO. 2:13CV00148 BSM

DANNY BURL, Warden; et al.

DEFENDANTS
ORDER

The proposed findings and recommended disposition submitted by United States
Magistrate Judge Joe J. Volpe, and the objections submitted by plaintiff Anthony
Washington, have been reviewed. After carefully considering the objections 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.
IT IS, THEREFORE, ORDERED that:
1.

Washington’s complaint against defendants is dismissed without prejudice for

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

This dismissal is considered a “strike” within the meaning of the Prison

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

It is certified that an in forma pauperis appeal from this order and the

accompanying judgment dismissing this action would not be taken in good faith. See 28
U.S.C. § 1915(a)(3).
IT IS SO ORDERED this 27th day of May 2014.

UNITED STATES DISTRICT JUDGE