Williams v. Edwards et al

Filing 21

ORDER ADOPTING 17 REPORT AND RECOMMENDATIONS of Magistrate Judge Joe J. Volpe in their entirety. IT IS THEREFORE ORDERED that 9 Plaintiff's Amended Complaint is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. This dismissal constitutes a "strike" within the meaning of the Prison Litigation Reform Act. It is hereby certified that an in forma pauperis appeal from this Order & the accompanying Judgment would not be taken in good faith. Signed by Judge Brian S. Miller on 4/2/2012. (jct)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
ROBERT WILLIAMS, JR., ADC #658164
v.

PLAINTIFF

CASE NO. 3:12CV00003 BSM

PAULINE H. EDWARDS et al.

DEFENDANTS
ORDER

The proposed findings and recommended disposition [Doc. No. 17] submitted by
United States Magistrate Judge Joe J. Volpe have been reviewed. No objections were filed.
After carefully considering this document 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’s amended complaint [Doc. No. 9] is DISMISSED without prejudice

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

The dismissal of plaintiff’s complaint constitutes a “strike” within the meaning

of the Prison Litigation Reform Act, 28 U.S.C. § 1915(g).
3.

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

pauperis appeal from this order and the judgment dismissing this action would not be taken
in good faith.
IT IS SO ORDERED this 2nd day of April 2012.
________________________________
UNITED STATES DISTRICT JUDGE