Householder v. McClung et al
Filing
10
ORDER ADOPTING 9 REPORT AND RECOMMENDATIONS of Magistrate Judge Volpe in their entirety. Plaintiff's Complaint 2 is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. Dismissal of Plaintiff's Com plaint constitutes a strike within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge Susan Webber Wright on 08/23/2012. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
MICHAEL RAY HOUSEHOLDER,
*
*
*
*
*
*
*
*
*
*
Plaintiff,
v.
GERALD MCCLUNG, Sheriff, Clay
County; and CLAY COUNTY SHERIFF’S
DEPARTMENT,
Defendants.
No. 3:11-cv-00128-SWW-JJV
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 Complaint (Doc. No. 2) is DISMISSED without prejudice for failure to
state a claim upon which relief may be granted.
2.
Dismissal of Plaintiff’s Complaint constitutes a “strike” within the meaning of the
Prison Litigation Reform Act (PLRA), 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 and the accompanying Judgment would not be taken in good faith.
SO ORDERED this 23rd day of August 2012.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?