Garcia et al v. Birdsong et al

Filing 10

ORDER ADOPTING 8 Report and Recommendations in their entirety; therefore, pltf's complaint 2 is DISMISSED without prejudice; this dismissal constitutes a "strike"; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 12/5/13. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ANDRES GARCIA, ADC # 146619 * * * * * * * * * Plaintiff, v. BRUCE PENNINGTON, Saline County Sheriff; et al., Defendants. No. 4:13CV00573-SWW-JJV 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 (Doc. No. 2) is DISMISSED without prejudice, pursuant to 28 U.S.C. § 1915A(b), 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, 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 an accompanying Judgment would not be taken in good faith. DATED this 5th day of December, 2013. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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