Sullivan v. Cook et al

Filing 30

ORDER ADOPTING 29 REPORT AND RECOMMENDATIONS in their entirety. Plaintiff's 2 Complaint is dismissed without prejudice for failure to state a claim upon which relief may be granted. Dismissal of the complaint constitutes a strike. An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 2/8/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
AUSTIN LEE SULLIVAN
v.

PLAINTIFF
CASE NO. 3:12CV00092BSM

DALE COOK, Sheriff of
Mississippi County et al.

DEFENDANTS
ORDER

The proposed findings and recommended disposition submitted by United States
Magistrate Judge Joe J. Volpe have been reviewed. No objections have been filed. After
careful consideration, it is concluded that the proposed findings and partial recommended
disposition should be, and hereby are, approved and adopted in their entirety in all respects.
IT IS THEREFORE ORDERED that:
1.

The complaint [Doc. No. 2] is dismissed without prejudice, pursuant to 28

U.S.C. §1915A(b), for failure to state a claim upon which relief may be granted.
2.

Dismissal of the complaint constitutes a “strike” within the meaning of the

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

It is further certified, 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.
DATED this 8th day of February 2013.

UNITED STATES DISTRICT JUDGE