Whitehead v. Young et al

Filing 7

ORDER approving and adopting 6 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects; dismissing with prejudice plaintiff Billy Whitehead's 1 complaint for failure to state a claim upon which relief may be granted; and certifying that an in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. This dismissal is considered a "strike" within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g). Signed by Judge Kristine G. Baker on 5/20/2015. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
BILLY WHITEHEAD,
ADC #600614
V.

PLAINTIFF
Case No. 4:14-cv-00372-KGB-JJV

STEVE YOUNG, Commissioner, Arkansas
State Parole Board; et al.

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Recommendations submitted by United
States Magistrate Judge Joe J. Volpe (Dkt. No. 6). No objections have been filed, and the time for
filing objections has passed. After careful consideration, the Court concludes that the Proposed
Findings and Recommendations 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 Court dismisses with prejudice plaintiff Billy Whitehead’s complaint 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, 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 the 20th day of May, 2015.

___________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE