Tumbs v. Burnett et al

Filing 6

ORDER dismissing Plaintiff's 2 Complaint without prejudice for failure to state a claim upon which relief may be granted. Dismissal constitutes a "strike" within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g). The Court certifies that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge Kristine G. Baker on 04/09/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
LEONARD TUMBS
ADC # 141517
v.

PLAINTIFF
Case No. 3:13-cv-00017-KGB-JJV

BURNETT, Jailer,
Craighead County Jail; et al.

DEFENDANTS
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. The Complaint (Dkt. No. 2) is dismissed without prejudice 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. 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 9th day of April, 2013.

____________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE