Emerson v. Arkansas, State of

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS 10 and dismissing complaint without prejudice for failure to state a claim upon which relief may be granted; denying all pending motions as moot; and counting dismissal of pltf's complaint as a "strike". Signed by Judge James M. Moody on 4/12/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
TINA MARIE EMERSON,
ADC #710724
v.

PLAINTIFF
4:11-cv-00220-JMM-JJV

STATE OF ARKANSAS,

DEFENDANT
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted by
United States Magistrate Judge Joe J. Volpe and Plaintiff’s objections. After carefully considering
the objections and making a de novo review of the record1, 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 (Doc. No. 2) is DISMISSED without prejudice for failure to

state a claim upon which relief may be granted.
2.

All pending motions are denied as moot.

3.

Dismissal of Plaintiff’s Complaint constitutes a “strike” within the meaning of the

Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(G).
IT IS SO ORDERED this 12th day of April, 2011.
_________________________________
JAMES M. MOODY
UNITED STATES DISTRICT JUDGE

1

The Court has reviewed the pleadings filed by Plaintiff since the filing of the Proposed
Findings and Recommended Disposition, docket #’s 12, 13, 14, 15, 16, 17, 18, 19 and 20. The
pleadings and argument do not alter the findings of the Court and the motions have no merit.
1