Harmon v. Rutledge et al

Filing 27

ORDER Approving and Adopting 24 Proposed Findings and Recommended Disposition in all respects; granting Defendants' 20 Motion to Dismiss; dismissing this case for lack of jurisdiction; denying as moot Plaintiff's 25 Motion for Service; certifying that an in forma pauperis appeal from this Order would not be taken in good faith; and finding that dismissal of this action will not count as a "strike." Signed by Judge Billy Roy Wilson on 08/30/2016. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
DEXTER HARMON, ADC # 152483
VS.

PLAINTIFF

4:16CV00325-BRW

LESLIE RUTLEDGE, Attorney General,
State of Arkansas; et al.

DEFENDANTS

ORDER
I have 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, I approve and adopt the
Proposed Findings and Recommended Disposition in all respects.
Accordingly, Defendants’ Motion to Dismiss (Doc. No. 20) is GRANTED. This case is
DISMISSED without prejudice for a lack of jurisdiction. Plaintiff’s Motion for Service (Doc.
No. 25) is DENIED AS MOOT.
I certify, 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.
Dismissal of this action will not count as a “strike” for purposes of 28 U.S.C. § 1915(g)
given the somewhat unique and complex issues involved.
IT IS SO ORDERED this 30th day of August, 2016.

/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

1