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)

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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

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