Hatten v. Vinyard et al

Filing 9

ORDER adopting 7 the proposed findings and recommended disposition; dismissing, without prejudice, 1 Plaintiff Hatten's complaint for failure to state a claim upon which relief may be granted; this dismissal counts as a "strike" for purposes of 28 U.S.C. § 1915(g); it is certified that an in forma pauperis appeal from this order and accompanying judgment would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 10/13/2015. (kdr)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

HENRI DUBOIS HATTEN,
ADC #113248
V.

PLAINTIFF

CASE NO. 4:15CV00459 BSM-PSH

RICHARD VINYARD, et al.

DEFENDANTS

ORDER
The proposed findings and recommended disposition submitted by United States
Magistrate Judge Patricia S. Harris and the plaintiff’s objections thereto have been reviewed.
After careful consideration of these documents and making a de novo review of the record,
the proposed findings and recommended disposition are hereby adopted in all respects.
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff Hatten's complaint [Doc. No. 1] is dismissed without prejudice for

failure to state a claim upon which relief may be granted.
2.

This dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g).

3.

It is certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this order and accompanying judgment would not be taken in good faith.
IT IS SO ORDERED this 13th day of October 2015.

UNITED STATES DISTRICT JUDGE