Allen v. Traylar et al
Filing
9
ORDER adopting 5 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects. Plaintiff's 2 Complaint is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. P laintiff may refile this federal action after his state criminal proceeding, including any appeal, is concluded. 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 7/17/2015. (ks)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JOSHUA L. ALLEN
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Plaintiff,
v.
J. TRAYLAR, Deputy,
Saline County Sheriff’s Office, et al.
Defendants.
No. 4:15CV00396-SWW-JJV
ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe and Plaintiff’s Objections. 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. 2) is DISMISSED without prejudice for failure to
state a claim upon which relief may be granted. Plaintiff may refile this federal action after his state
criminal proceeding, including any appeal, is concluded.
2.
Dismissal of this action counts as a “strike” for purposes of 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 would not be taken in good faith.
IT IS SO ORDERED this 16th day of July, 2015.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
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