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)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ANDREW S. WALKER, ADC #118512 * * * * * * * * 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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