Haynes v. Edwards et al

Filing 7

ORDER approving and adopting 6 Proposed Findings and Recommended Disposition in all respects; dismissing Plaintiff's 1 Complaint without prejudice for failure to state a claim upon which relief may be granted; finding that dismissal of this action counts as a strike; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Billy Roy Wilson on 02/08/2017. (rhm)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JOSH HAYNES, ADC # 139661 VS. PLAINTIFF 4:16CV00890-BRW EDWARDS, Major, White County Detention Center; et al. DEFENDANTS ORDER I have reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful consideration, I approve and adopt the Proposed Findings and Recommended Disposition in all respects. Accordingly Plaintiff’s Complaint (Doc. No. 1) is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. Dismissal of this action counts as a “strike” for purposes of 28 U.S.C. § 1915(g). 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. IT IS SO ORDERED this 8th day of February, 2017. /s/ Billy Roy Wilson UNITED STATES DISTRICT JUDGE 1

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