Hutchinson v. Pulaski County

Filing 6

ORDER ADOPTING 4 REPORT AND RECOMMENDATIONS and dismissing 2 Complaint filed by Christopher C Hutchinson without prejudice for failure to state a claim. Dismissal counts as a "strike," and the Court certifies that an ifp appeal would not be taken in good faith. Signed by Judge Kristine G. Baker on 11/8/12. (kpr) (Docket entry modified on 11/9/2012 to correct the file date.)(thd).

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CHRISTOPHER C. HUTCHINSON ADC #107993 v. PLAINTIFF 4:12-cv-00591-KGB-JJV PULASKI COUNTY DEFENDANT 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 complaint (Dkt. No. 2) 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 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 8th day of November, 2012. ____________________________________ Kristine G. Baker United States District Judge

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