McPherson v. Martin et al

Filing 7

ORDER ADOPTING 4 Proposed Findings and Recommended Disposition. Plaintiff's 2 Complaint is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. Dismissal of this action counts as a strike for purposes of 28 U.S.C. § 1915(g). The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Billy Roy Wilson on 9/28/2015. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
JAMIE A. McPHERSON, ADC # 115330
V.

PLAINTIFF

3:15CV00262-BRW-JJV

RON MARTIN, Poinsett 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 and the time for
doing so has passed. 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.
Accordingly, Plaintiff’s Complaint (Doc. No. 2) is DISMISSED without prejudice for
failure to state a claim upon which relief may be granted. Dismissal of this action counts as a
“strike” for purposes of 28 U.S.C. § 1915(g).
The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal
from this Order would not be taken in good faith.
IT IS SO ORDERED this 28th day of September, 2015.

/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

1