Rodgers v. Derrick et al

Filing 12

ORDER approving and adopting 10 Proposed Findings and Recommendations in its entirety as this Court's findings in all respects; and dismissing without prejudice 1 Plaintiff's complaint 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 that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Susan Webber Wright on 10/23/2017. (cmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JAMES RYAN RODGERS
ADC#166943
V.

PLAINTIFF
NO: 4:17-cv-00469-SWW

DERRICK, Judge, White County,
Arkansas; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommendation submitted by
United States Magistrate Judge Joe J. Volpe and the filed objections. After conducting a de novo
review of the record, the Court concludes that the Proposed Findings and Recommendations
should be, and hereby are, approved and adopted in its entirety as this Court's findings in all
respects.
IT IS THEREFORE ORDERED that:
1.

Plaintiff’s complaint (Doc. No. 1) be 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 Magistrate Judge’s Proposed Findings and
Recommendations would not be taken in good faith.
DATED this 23rd day of October, 2017.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE