Dozier v. Holladay et al

Filing 8

ORDER approving and adopting in their entirety as this Court's findings in all respects 6 the proposed Findings and Recommended Disposition; dismissing 2 Plaintiff's complaint without prejudice for failure to state a claim upon which relief may be granted; counting this dismissal as a "strike;" and certifying that an in forma pauperis appeal from this Order adopting the recommendations would not be taken in good faith. Signed by Judge J. Leon Holmes on 8/9/2017. (kdr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION RAY M. DOZIER, JR. ADC #150191 v. PLAINTIFF 4:17CV00438-JLH DOC HOLLADAY, Sheriff, Pulaski County; et al. DEFENDANTS ORDER The Court has 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, 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 adopting the recommendations would not be taken in good faith. DATED this 9th day of August, 2017. _______________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE 1

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