Wiggins v. Wright et al

Filing 7

ORDER ADOPTING 5 Report and Recommendations in their entirety; therefore, the complaint is DISMISSED without prejudice for failure to state a claim; dismissal of this action constitutes a "strike"; judgment will be entered accordingly. Signed by Judge J. Leon Holmes on 11/9/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION DEVAN WIGGINS v. PLAINTIFF No. 4:12CV00470 JLH-JJV SUSAN WEBBER WRIGHT, United States District Judge; 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. IT IS, THEREFORE, ORDERED that: 1. The complaint is DISMISSED without prejudice for failure to state a claim upon 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. SO ORDERED this 9th day of November, 2012. J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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