Williams v. White et al

Filing 6

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)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION THELMA WILLIAMS, ADC # 93197 v. PLAINTIFF CASE NO. 5:10CV00361 BSM/JJV D. WHITE, Warden, Varner Supermax, Arkansas Department of Corrections 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 disposition should be, and hereby are, approved and adopted in their entirety in all respects. IT IS THEREFORE ORDERED that: 1. Plaintiff’s complaint [Doc. No. 1] should be dismissed with prejudice for failure to state a claim; 2. Dismissal of this action constitutes a “strike” for purposes of 28 U.S.C. § 1915(g); and 3. 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 2

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