Brewer v. Izard County Jail et al

Filing 11

ORDER ADOPTING 10 PROPOSED FINDINGS AND RECOMMENDATIONS. Plaintiff Steve Brewer's complaint is dismissed with prejudice for failure to state a claim upon which relief may be granted. This dismissal constitutes a strike. It is certified that an in forma pauperis appeal would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 03/26/2013. (jak)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION STEVE MARTIN BREWER v. PLAINTIFF CASE NO. 3:12CV00309 BSM IZARD COUNTY JAIL, et al. DEFENDANTS ORDER The proposed findings and recommended disposition [Doc. No. 10] submitted by United States Magistrate Judge Joe Volpe have been reviewed. No objections have been filed. After careful consideration and a de novo review of the record, it is found that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety. IT IS THEREFORE ORDERED THAT: 1. Plaintiff Steve Brewer’s complaint is dismissed with prejudice for failure to state a claim upon which relief may be granted. 2. This dismissal constitutes a “strike” within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. Section 1915(g). 3. It is certified, pursuant to 28 U.S.C. Section 1915(a)(3), that an in forma pauperis appeal would not be taken in good faith. Dated this 26th day of March 2013. UNITED STATES DISTRICT JUDGE

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