Stacy v. Rice

Filing 8

ORDER approving and adopting in their entirety the 6 Proposed Findings and Recommended Disposition as this Court's findings in all respects; dismissing without prejudice Plaintiff's 5 Amended Complaint for failure to state a claim up on which relief may be granted; and certifying that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Dismissal of this action counts as a "strike" for purposes of 28 U.S.C. § 1915(g). Signed by Judge Susan Webber Wright on 4/27/2017. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
MICHAEL ALAN STACY, ADC #127239,
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Plaintiff,
v.
MATT RICE, Sheriff of
Faulkner County; et al.
Defendants.

No. 4:17CV00136-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 Amended Complaint (Doc. No. 5) 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 and the accompanying Judgment would not be taken in good faith.
IT IS SO ORDERED this 27th day of April, 2017.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE