Smith v. Arkansas Department of Correction

Filing 16

ORDER ADOPTING 12 Report and Recommendations in their entirety; therefore, pltf's complaint is DISMISSED; dismissal of this action constitutes a "strike"; all pending motions are DENIED AS MOOT; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 4/21/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JOHANN L. SMITH
ADC # 100228
v.

PLAINTIFF
CASE NO. 5:10-cv-00310-SWW-JJV

ARKANSAS DEPARTMENT
OF CORRECTION

DEFENDANT
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. 1) is DISMISSED.

2.

Dismissal of this action constitutes a “strike” for purposes of 28 U.S.C. § 1915(g).

3.

All pending motions (Doc. No. 3) are DENIED as moot.

4.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order and the accompanying Judgment, would not be taken in good faith.
DATED this 21st day of April, 2011.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE