Clark v. Wynne, City of et al

Filing 7

ORDER approving and adopting in their entirety as this Court's findings in all respects 6 the Proposed Findings and Recommended Disposition; dismissing without prejudice 5 Plaintiff's Amended Complaint, for failure to state a claim up on which relief may be granted; counting dismissal of this action as a "strike" for purposes for 28 U.S.C. § 1915(g); and certifying that an in forma pauperis appeal from this Order adopting the recommendations would not be taken in good faith. Signed by Judge J. Leon Holmes on 8/9/2017. (kdr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
ORLANDO CLARK
v.

PLAINTIFF
2:17CV00087-JLH

CITY OF WYNNE; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe. No objections have been filed.

After careful

consideration, 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 Amended Complaint (Doc. No. 5) is DISMISSED without prejudice

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

Dismissal of this action counts as a “strike” for purposes of 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 adopting the recommendations would not be taken in good faith.
DATED this 9th day of August, 2017.

_______________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

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