Patterson v. Richards et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS 6 and dismissing plaintiff's complaint without prejudice for failure to state a claim upon which relief may be granted. This dismissal counts as a "strike," and the Court certifies that an ifp appeal would not be taken in good faith. Signed by Judge Billy Roy Wilson on 1/10/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
HAYWARD PATTERSON
ADC # 145893
v.

PLAINTIFF

4:11-cv-00692-BRW-JJV

RICHARDS, Sgt., Saline
County Detention Center, 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 are, approved and adopted in their entirety as this Court’s findings in all
respects.
Therefore, I find 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.
IT SO ORDERED this 10th day of January, 2012.

/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE