Beavers v. Reed

Filing 6

ORDER approving and adopting the 5 Proposed Findings and Recommended Disposition in their entirety as this Court's findings in all respects; dismissing without prejudice 2 Plaintiff's Complaint for failure to state a claim upon which r elief may be granted; counting as a "strike" dismissal of this action for purposes of 28 U.S.C. § 1915(g); and certifying that pursuant to 28 U.S.C. § 1915(a)(3), an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Susan Webber Wright on 1/4/2017. (mef)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
CHRISTOPHER LYNN BEAVERS

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Plaintiff
v.
LARRY REED, Owner,
Reeds Septic Tank Cleaning
Defendant

No. 4:16CV00851-SWW

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. 2) 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.

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 4th day of January, 2017.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE