Morgan v. Baker et al

Filing 19

ORDER ADOPTING 16 REPORT AND RECOMMENDATIONS in their entirety re 2 Complaint filed by Billy Morgan. Plaintiff's 2 complaint is DISMISSED for failure to state a claim upon which relief may be granted. The Court certifies that an in forma pauperis appeal from the order and accompanying judgment would not be taken in good faith. Plaintiff's 18 motion to amend is denied because the amendment would be futile. Signed by Judge J. Leon Holmes on 09/07/2012. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
BILLY MORGAN
ADC #98138
v.

PLAINTIFF

No. 3:11CV00206 JLH-JJV

JOE BAKER, Sgt.,
West Memphis Police Department; et al.

DEFENDANTS
ORDER

The Court has 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, 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 for failure to state a claim upon

which relief may be granted.
2.

The dismissal 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 the order and an accompanying judgment would not be taken in good faith.
4.

Plaintiff’s motion to amend is denied because the amendment would be futile.

DATED this 7th day of September, 2012.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE