James et al v. McKann et al

Filing 16

ORDER ADOPTING 14 REPORT AND RECOMMENDATIONS of U.S. Magistrate Judge Joe J. Volpe in their entirety in all respects. IT IS THERFORE ORDERED that Plaintiff's complaint is DISMISSED with prejudice as legally frivolous, with this dismissal constituting a strike within the meaning of 28 U.S.C.Section 1915(g). It is CERTIFIED that an in forma pauperis appeal from this Order & accompanying Judgment would not be taken in good faith. Signed by Judge Brian S. Miller on 10/6/2011. (jct)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
JOSHUA JAMES,
v.

PLAINTIFF
CASE NO. 3:11CV00090 BSM/JJV

JACK MCKANN; CRAIGHEAD COUNTY
JAIL; and CHADWICK, Officer,
Craighead County Jail

DEFENDANTS

ORDER
The proposed findings and recommended disposition submitted by United States
Magistrate Judge Joe J. Volpe have been reviewed. No objections were filed. After carefully
considering these documents 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 Joshua James’s complaint [Doc. No. 1] should be DISMISSED with

prejudice as legally frivolous.
2.

Dismissal of James’s complaint constitutes a strike within the meaning of 28

U.S.C. § 1915(g).
3.

It is CERTIFIED, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this order and accompanying judgment would not be taken in good faith.
Dated this 6th day of October 2011.

UNITED STATES DISTRICT JUDGE