Martin v. Rivera et al

Filing 6

ORDER approving and adopting the 5 Recommended Disposition as this Court's findings in all respects; dismissing, with prejudice, Mr. Martin's claims based on his failure to state a constitutional claim; and certifying that an in forma pauperis appeal of this dismissal would be frivolous. This dismissal constitutes a "strike" under 28 U.S.C. § 1915(g). Signed by Judge James M. Moody Jr. on 8/2/2016. (ljb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION PATRICK RAY MARTIN, Reg. #41528-424 V. PLAINTIFF CASE NO. 2:16-CV-00098 JM/BD C.V. RIVERA, et al. DEFENDANTS ORDER The Court has received the Recommended Disposition (“Recommendation”) filed by Magistrate Judge Beth Deere. Mr. Martin has not filed any objections. After careful review of the Recommendation, the Court concludes that the Recommendation should be, and hereby is, approved and adopted as this Court’s findings in all respects. Mr. Martin’s claims are DISMISSED, with prejudice, based on his failure to state a constitutional claim. The Court certifies that an in forma pauperis appeal of this dismissal would be frivolous and that this dismissal constitutes a “strike” under 28 U.S.C. § 1915(g). IT IS SO ORDERED, this 2nd day of August, 2016. _______________________________ UNITED STATES DISTRICT JUDGE

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