Stacy v. Bayless et al
ORDER approving and adopting in their entirety the 4 Proposed Findings and Recommended Disposition as this Court's findings in all respects; dismissing without prejudice Plaintiff's 2 Complaint for failure to state a claim upon which r elief may be granted; and certifying that an in forma pauperis appeal from this Order 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 James M. Moody Jr. on 5/22/2017. (ljb)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
MICHAEL ALAN STACY
JUSTIN BAYLESS, Inmate; et al.
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe and Plaintiff=s Objections.
considering the objections and making a de novo review of the record, 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:
Plaintiff’s Complaint (Doc. No. 2) 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).
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.
DATED this 22nd day of May, 2017.
JAMES M. MOODY, JR.
UNITED STATES DISTRICT JUDGE
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