Moore v. Ryals et al

Filing 7

ORDER Adopting 5 Proposed Findings and Recommendations. Plaintiff's 2 Complaint 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 that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge James M. Moody Jr. on 3/26/2018. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
SHAWN C. MOORE
ADC #148759
v.

PLAINTIFF

4:18CV00021-JM

TIM RYALS, Sheriff,
Faulkner County; et al.

DEFENDANTS
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 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 and the accompanying Judgment would
not be taken in good faith.
IT IS SO ORDERED this 26th day of March, 2018.

_____________________________
JAMES M. MOODY, JR.
UNITED STATES DISTRICT JUDGE
1