Harper v. Moulder

Filing 8

ORDER adopting #7 Report and Recommendations in its entirety as this Court's findings in all respects. Plaintiff's claims are dismissed without prejudice for failure to state a claim upon which relief may be granted. Plaintiff's Complaint, as amended #5 is dismissed without prejudice. This dismissal 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 any Order adopting these recommendations and the accompanying Judgment would not be taken in good faith. Signed by Judge James M. Moody Jr. on 11/16/2020. (wbb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
JOSEPH DERRICK HARPER
ADC #153091
v.

PLAINTIFF

CASE NO: 3:20-cv-00320-JM-JJV

KEVIN MOULDER, 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 is, approved and adopted in its entirety as this Court’s findings in all
respects.
IT IS, THEREFORE, ORDERED that:
1.

Plaintiff’s claims are dismissed without prejudice for failure to state a claim upon

which relief may be granted.
2.

Plaintiff’s Complaint, as amended (Doc. No. 5) is dismissed without prejudice.

3.

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

4.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from any Order adopting these recommendations and the accompanying Judgment would
not be taken in good faith.
DATED this 16th day of November, 2020.
____________________________________
UNITED STATES DISTRICT JUDGE