Addison v. Martin et al

Filing 7

ORDER approving and adopting 4 Proposed Findings and Recommended Disposition in their entirety in all respects; dismissing 2 complaint without prejudice for failure to state a claim upon which relief may be granted; and certifying that an in forma pauperis appeal is considered frivolous and not in good faith. This dismissal counts as a "strike" for purposes of 28 U.S.C. § 1915(g). Signed by Judge James M. Moody Jr. on 2/2/2015. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
NICHOLAS ADDISON
V.

PLAINTIFF
NO: 3:15CV00001 JM

JOEY MARTIN et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Jerry W. Cavaneau. No objections have been filed. In fact,
Plaintiff has failed to keep the Court notified of his change of address as required by Local Rules
5.5, and the Proposed Findings and Recommended Disposition that were mailed to him were
returned as undeliverable. 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.

Plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE for failure to state a

claim upon which relief may be granted.
2.

This dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g).

3.

The Court certifies that an in forma pauperis appeal taken from the order and

judgment dismissing this action is considered frivolous and not in good faith.
DATED this 2nd day of February, 2015.

UNITED STATES DISTRICT JUDGE