Russell v. Finch et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS 29 granting 24 Motion to Dismiss for Failure to State a Claim. Dismissal of the complaint counts as a "strike," and the Court certifies that an ifp appeal would not be taken in good faith. Signed by Judge Susan Webber Wright on 1/22/13. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
ROY LEE RUSSELL
KEITH FINCH, CID,
Dumas Police Department; et al.,
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe and the Plaintiff’s objections. After carefully
considering the objections and making a de novo review of the record, 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:
The Motion to Dismiss (Doc. No. 24) is GRANTED and the Complaint (Doc. No.
2) is DISMISSED with prejudice for failure to state a claim on which relief may be granted.
Dismissal of the Complaint constitutes a “strike” within the meaning of the Prison
Litigation Reform Act (PLRA), 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 this Order and the accompanying Judgment would not be taken in good faith.
All pending motions are DENIED as moot.
DATED this 22nd day of January, 2013.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
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