Scott v. Heflin et al
Filing
5
ORDER approving and adopting 4 Proposed Findings and Recommended Disposition in its entirety as this Court's findings in all respects; dismissing without prejudice Plaintiff's claims for failure to state a claim upon which relief may be g ranted; dismissing 2 Plaintiff's Complaint; counting this dismissal as a "strike"; and certifying that an in forma pauperis appeal from any Order adopting these recommendations and the accompanying Judgment would not be taken in good faith. Signed by Judge Lee P. Rudofsky on 09/15/2020. (ajt)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
ELVIN SCOTT
ADC #158250
v.
PLAINTIFF
Case No. 4:20-cv-00833-LPR
HEFLIN, et al.
DEFENDANTS
ORDER
The Court has received and reviewed the Proposed Findings and Recommended Disposition
submitted by United States Magistrate Judge Joe J. Volpe. (Doc. 4). Plaintiff Elvin Scott did not
file any objections to this Recommendation. After careful review of the Recommendation and the
record, the Court concludes that the Proposed Findings and Recommended Disposition should be,
and hereby is, approved and adopted in its entirety as this Court’s findings in all respects.
IT IS THEREFORE ORDERED THAT:
1.
Plaintiff’s claims are DISMISSED without prejudice for failure to state a claim upon
which relief may be granted.
2.
Plaintiff’s Complaint (Doc. 2) is DISMISSED.
3.
This dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g).
4.
The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis
appeal from any Order adopting these recommendations and the accompanying Judgment would not
be taken in good faith.
DATED this 15th day of September 2020.
________________________________
LEE P. RUDOFSKY
UNITED STATES DISTRICT JUDGE
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