Parker et al v. Barnes et al

Filing 13

ORDER ADOPTING 8 Partial Report and Recommendations and 10 Proposed Findings and Recommended Disposition. Plaintiff Stacy Jaggar's 6 Motion to Dismiss Party is GRANTED. Plaintiff's 2 Complaint is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. Dismissal of this action counts as a "strike." The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 10/8/2014. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
MAXLY PARKER, ADC # 136252, and
STACY PASCHALL JAGERS
v.

PLAINTIFF

4:14CV00424-JM

ADAM BARNES, et al.

DEFENDANTS
ORDER

The Court has also reviewed the Partial Disposition submitted by United States Magistrate
Judge Joe J. Volpe. No objections have been filed. After careful consideration, the Court concludes
that the Partial Disposition should be, and hereby is, approved and adopted in its entirety as this Court’s
findings in all respects. The Court has also reviewed the Proposed Findings and Recommended
Disposition submitted by Judge 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 Jaggars’s Motion to Dismiss Party (Doc. No. 6) is GRANTED;

2.

Plaintiff’s cause of action be DISMISSED without prejudice for failure to state a
claim upon which relief may be granted;

3.

Dismissal of this action count as a “strike” for purposes of 28 U.S.C. § 1915(g)1;

4.

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.

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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 . . . .”

1

DATED this 8th day of October, 2014.

____________________________________
JAMES M. MOODY, JR.
UNITED STATES DISTRICT JUDGE

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