Russell v. Finch et al

Filing 31

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)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ROY LEE RUSSELL PLAIN TIFF v. 4:12-cv-00292-SWW-JJV KEITH FINCH, CID, Dumas Police Department; et al., DEFENDANTS ORDER 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: 1. 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. 2. Dismissal of the 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. 4. 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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