Mason v. Hitt et al

Filing 5

ORDER ADOPTING 4 REPORT AND RECOMMENDATIONS. It is therefore ordered that Plaintiff's 2 Complaint is dismissed with prejudice for failure to state a claim upon which relief may be granted. This dismissal is considered a "strike" within the meaning of the Prison Litigation Reform Act. The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action will not be taken in good faith. Signed by Judge Susan Webber Wright on 02/15/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
CLARENCE MASON,

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Plaintiff,
v.
BECKY HITT, Jail Administrator, Poinsett
County Jail; et al.
Defendants.

No. 3:13-cv-00020-SWW-JJV

ORDER
The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge Joe J. Volpe. No timely objections have been filed.
After careful consideration, the Court concludes that the Proposed Findings and Partial
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 is DISMISSED with prejudice for failure to state a claim upon

which relief may be granted.
2.

This dismissal is considered a “strike” within the meaning of the Prison Litigation

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

The Court certifies that an in forma pauperis appeal from an Order and Judgment

dismissing this action will not be taken in good faith. 28 U.S.C. § 1915(a)(3).
DATED this 15th day of February, 2013.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE