Neely v. Edwards et al

Filing 8

ORDER ADOPTING 5 Report and Recommendations in their entirety; therefore, pltf's complaint is DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief may be granted; this dismissal counts as a "strike" pursuant to the PLRA. Signed by Judge Susan Webber Wright on 12/29/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MITCHELL NEELY,
Plaintiff,
v.
CLAYTON EDWARDS, Captain, White
County Jail; and DOES, Medical Staff, White
County Jail
Defendants.

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No. 4:11-cv-00419-SWW-JJV

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 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.

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

Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g).
3.

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

appeal from this Order and the accompanying Judgment would not be taken in good faith.
DATED this 29th day of December, 2011.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE