Freeman v. White et al

Filing 23

ORDER adopting Magistrate Judge Joe J. Volpe's proposed findings and recommended partial disposition; dismissing Plaintiff Jack Freeman's complaint with prejudice. Dismissal of Freeman's complaint and amended complaint constitutes a st rike within the meaning of the Prison Litigation Reform Act, 28 U.S.C. § 1915(g). It is CERTIFIED, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this order and accompanying judgment would not be taken in good faith. Signed by Judge Brian S. Miller on 10/4/11. (hph)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JACK FREEMAN,
ADC #140176
v.

PLAINTIFF

CASE NO. 5:10CV00259 BSM/JJV

DAVID WHITE, Warden,
North Central Unit, Arkansas Department
of Correction, et al.

DEFENDANTS

ORDER
The proposed findings and recommended disposition submitted by United States
Magistrate Judge Joe J. Volpe and the filed objections have been reviewed. After carefully
considering these documents and making a de novo review of the record, it is concluded that
the proposed findings and recommended partial disposition should be, and hereby are,
approved and adopted in their entirety in all respects.
IT IS THEREFORE ORDERED that:
1.

Plaintiff Jack Freeman’s complaint should be DISMISSED with prejudice for

failure to state a claim upon which relief can be granted or as a cause of action under 42
U.S.C. § 1983.
2.

Dismissal of Freeman’s complaint and amended complaint constitutes a “strike

within the meaning of the Prison Litigation Reform Act, 28 U.S.C. § 1915(g).
3.

It is CERTIFIED, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this order and accompanying judgment would not be taken in good faith.
Dated this 4th day of October 2010.

UNITED STATES DISTRICT JUDGE