Williams v. White et al
ORDER approving and adopting in their entirety the 3 proposed findings and recommended disposition; dismissing plaintiff's 1 complaint with prejudice for failure to state a claim; finding that dismissal of this action constitutes as a "strike" for purposes of 28 U.S.C. § 1915(g); and, certifying 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 5/13/2011. (dmn)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ADC # 93197
CASE NO. 5:10CV00361 BSM/JJV
D. WHITE, Warden, Varner
Supermax, Arkansas Department
of Corrections et al.
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 disposition should be, and hereby are, approved and
adopted in their entirety in all respects.
IT IS THEREFORE ORDERED that:
Plaintiff’s complaint [Doc. No. 1] should be dismissed with prejudice
for failure to state a claim;
Dismissal of this action constitutes a “strike” for purposes of 28 U.S.C.
§ 1915(g); and
It is certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis
appeal from this order adopting the recommendation, and the accompanying judgment,
would not be taken in good faith.
DATED this 13th day of May, 2011.
UNITED STATES DISTRICT JUDGE
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