Walker v. Payne et al
Filing
12
ORDER adopting 10 Proposed Findings and Recommended Disposition in their entirety as this Court's findings in all respects. Plaintiff's 1 Complaint is DISMISSED without prejudice for failure to state a claim upon which relief may be gra nted. Dismissal of this action counts as a "strike" for purposes of 28 U.S.C. § 1915(g). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Susan Webber Wright on 8/18/2014. (ks)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
ANDREW S. WALKER, ADC #118512
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Plaintiff,
v.
D. PAYNE, WARDEN; et al.
Defendants.
No. 4:14CV00384-SWW-JJV
ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe. 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.
Plaintiff’s Complaint (Doc. No. 1) is DISMISSED without prejudice for failure to
state a claim upon which relief may be granted;
2.
Dismissal of this action counts as a “strike” for purposes of 28 U.S.C. § 1915(g)1;
3.
The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis
appeal from this Order would not be taken in good faith.
SO ORDERED this 18th day of August, 2014.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
1
Title 28 U.S.C. § 1915(g) provides that: “In no event shall a prisoner bring a civil action
or appeal a judgment in a civil action under this section if the prisoner has, on 3 or more prior
occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of
the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state
a claim upon which relief may be granted . . . .”
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