Lenard v. Hobbs et al

Filing 8

ORDER ADOPTING 5 the proposed findings and recommended disposition; dismissing 2 Plaintiff's complaint, without prejudice, for failure to state a claim upon which relief may be granted; and certifying that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Chief Judge Brian S. Miller on 2/4/2015. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
RICKY L. LENARD
ADC #75333
v.

PLAINTIFF

CASE NO: 2:14CV00144 BSM

RAY HOBBS et al.

DEFENDANTS
ORDER

The proposed findings and recommended disposition submitted by United States
Magistrate Judge Jerry W. Cavaneau have been received, along with the objections filed
thereto. After carefully considering the recommended disposition, 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
in all respects.
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff’s complaint is dismissed without prejudice for failure to state a claim

upon which relief may be granted.
2.

This dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g).

3.

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

judgment dismissing this action is considered frivolous and not in good faith.
DATED this 4th day of February 2015.

UNITED STATES DISTRICT JUDGE