Swink v. Kaggle

Filing 11

ORDER adopting the 5 Proposed Findings and Recommendations in all respects. This case is dismissed without prejudice for failing to state a claim upon which relief may be granted. Dismissal constitutes a "strike". It is certified that an in forma pauperis appeal from this Order would not be taken in good faith. All pending motions are denied as moot, 7 & 10 . Signed by Judge Kristine G. Baker on 2/3/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
ERIC SWINK,
ADC #161772
v.

PLAINTIFF
Case No. 3:15-cv-405 KGB/JJV

BLAIN KAGGLE, Jailer,
Greene County Jail

DEFENDANT
ORDER

The Court has reviewed the Proposed Findings and Recommendations submitted by
United States Magistrate Judge Joe J. Volpe (Dkt. No. 5). No objections have been filed, and the
time for filing objections has passed. 1

After careful review, the Proposed Findings and

Recommendations are approved and adopted in their entirety as this Court’s findings in all
respects.
It is therefore ordered that:
1.

This case is dismissed without prejudice for failing to state a claim upon which

relief may be granted.
2.

Dismissal constitutes a strike, as defined by 28 U.S.C. § 1915(g).

3.

It is certified, 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.

1

Plaintiff Eric Swink has filed two motions since Magistrate Volpe entered the Proposed
Findings and Recommendations (Dkt. Nos. 7, 10). Neither filing objects to the Proposed
Findings and Recommendations.

4.

All pending motions are denied as moot (Dkt. Nos. 7, 10).

Dated this 3rd day of February, 2016.

____________________________________
Kristine G. Baker
United States District Judge

2