Whaley v. Edwards et al

Filing 9

ORDER adopting 6 Amended and Subsituted Proposed Findings and Recommendations in their entirety as this Court's findings in respects. Plaintiff's Complaint against Defendants is DISMISSED without prejudice, for failure to state a claim up on which relief may be granted. This dismissal is considered a strike within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g). The Court certifies that, 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. Signed by Judge Susan Webber Wright on 6/9/2014. (ks)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JOHNNY WHALEY, ADC # 113512 * * * * * * * * Plaintiff, v. CLAYTON EDWARDS; et al. Defendants. No. 4:14CV00061-SWW-JJV 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. Plaintiff’s Complaint against Defendants is DISMISSED without prejudice, for failure to state a claim upon which relief may be granted. 2. This dismissal is considered a “strike” within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g). 3. The Court certifies that, 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 June, 2014. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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