Fitzgerald v. McHan et al

Filing 7

ORDER adopting the proposed findings and recommended disposition; dismissing Plaintiff's complaint without prejudice; directing plaintiff to submit within 30 days of the entry of this order: (a) the statutory filing fee of $350, in full, to the clerk, noting the case style and number; and (b) file a motion to reopen the case if he wishes to continue this case. It is CERTIFIED, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this order and accompanying judgment would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 7/31/2012. (hph)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
NATHANIEL L. FITZGERALD,
ADC # 84210
v.

PLAINTIFF

CASE NO. 4:12CV00378 BSM/JJV

TOM McHAN, Major,
Ouachita River Unit, ADC; et al.

DEFENDANTS

ORDER
The proposed findings and recommended disposition submitted by United States
Magistrate Judge Joe J. Volpe and the filed objections have been reviewed. After carefully
considering these documents and making a de novo review of the record, it is concluded that
the proposed findings and recommended disposition should be, and hereby are, approved and
adopted in their entirety in all respects.
IT IS THEREFORE ORDERED that:
1.

Plaintiff Nathaniel Fitzgerald’s complaint be DISMISSED without prejudice

pursuant to the three strikes rule set forth in 28 U.S.C. § 1915(g).
2.

If Fitzgerald wishes to continue this case, he must submit within thirty (30)

days of the entry of this order: (a) the statutory filing fee of $350, in full, to the clerk, noting
the case style and number; and (b) file a motion to reopen the case.
3.

It is CERTIFIED, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this order and accompanying judgment would not be taken in good faith.
Dated this 31st day of July 2012.

UNITED STATES DISTRICT JUDGE

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