Allen et al v. Bass et al

Filing 8

ORDER adopting 6 the proposed findings and recommended disposition; dismissing, without prejudice, 1 plaintiff's complaint; and denying as moot all pending motions. Dismissal of the complaint constitutes a "strike" within the meaning of the Prison Litigation Reform ACT, 28 U.S.C. Section 1915(g). It is certified that an in forma pauperis appeal would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 4/25/2013. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
MICHAEL EDWARD ALLEN and
MARJORIE LECLAIR
v.

PLAINTIFFS

CASE NO. 4:13CV00068 BSM

ESTER BASS, et al.

DEFENDANTS
ORDER

The proposed findings and recommended disposition [Doc. No. 6] submitted by
United States Magistrate Judge Joe Volpe have been reviewed. No objections have been
filed. After careful consideration and a de novo review of the record, it is found that the
proposed findings and recommended disposition should be, and hereby are, approved and
adopted in their entirety.
IT IS THEREFORE ORDERED THAT:
1.

Plaintiffs’ complaint is dismissed without prejudice.

2.

Dismissal of the complaint constitutes a “strike” within the meaning of the

Prison Litigation Reform Act (PLRA), 28 U.S.C. Section 1915(g).
3.

It is certified, pursuant to 28 U.S.C. Section 1915(a)(3), that an in forma

pauperis appeal would not be taken in good faith.
4.

All pending motions are denied as moot.

Dated this 25th day of April 2013.

UNITED STATES DISTRICT JUDGE