Thomas v. Paxton et al

Filing 9

ORDER adopting 7 Proposed Findings and Recommended Disposition in their entirety as this Court's findings in all respects. Plaintiff's 3 Complaint is DISMISSED without prejudice for failure to state a claim upon which relief may be gran ted. Dismissal of this action counts as a strike for purposes of 28 U.S.C. § 1915(g). The Court certifies that an in forma pauperis appeal from this Order or the accompanying Judgment would not be taken in good faith. Signed by Judge Susan Webber Wright on 3/23/2015. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
BRIAN KENNETH THOMAS,
ADC# 130017

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Plaintiff,
v.
LINDSEY PAXTON, Probation and Parole
Officer, Arkansas Community Correction, et
al.
Defendants

No. 4:15CV00104-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 (Doc. No. 3) 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).

3.

Any pending motions are denied as MOOT.

4.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order or the accompanying Judgment would not be taken in good faith.
IT IS SO ORDERED this 23rd ay of March, 2015.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE