Clifton v. Wolfe et al

Filing 28

DOCKET ENTRY FILED IN ERROR - DISREGARD (kdr) (Docket text modified on 6/15/2017 to indicate the docket entry was filed in error). (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION CURTIS CLIFTON ADC #650436 v. PLAINTIFF 2:17CV00024-BRW MARGO WOLFE, Parole Officer, St. Francis County; et al. DEFENDANTS ORDER I have reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and Plaintiff=s objections. After carefully considering the objections and making a de novo review of the record, I approve and adopt the Proposed Findings and Recommended Disposition in their entirety. Accordingly, Defendant Wolfe’s Motion to Dismiss (Doc. No. 22) is GRANTED. The rationale advanced by Defendant Wolfe also applies to Defendant Barnes. Therefore, Plaintiff’s Complaint (Doc. No. 2) is DISMISSED for failure to state a claim on which relief may be granted. Dismissal of Plaintiff’s Complaint constitutes a “strike” within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g). I certify, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order adopting the Recommendations, and the accompanying Judgment, would not be taken in good faith. IT IS SO ORDERED this 15th day of June, 2017. /s/ Billy Roy Wilson ______________ UNITED STATES DISTRICT JUDGE

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