Conway v. Smith et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS 5 and dismissing plaintiff's complaint without prejudice for failure to state a claim upon which relief may be granted. This dismissal counts as a "strike," and the Court certifies that an appeal would not be taken in good faith. Signed by Judge James M. Moody on 9/27/11. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BYRON L. CONWAY
ADC # 113285
PAMELA SMITH, Registered Nurse,
Correctional Medical Services; and
CORRECTIONAL MEDICAL SERVICES
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful
consideration, 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
IT IS, THEREFORE, ORDERED that:
Plaintiff’s Complaint (Doc. No. 2) is DISMISSED without prejudice for failure to
state a claim upon which relief may be granted.
Dismissal of Plaintiff’s Complaint constitutes a “strike” within the meaning of the
Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g).
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 27th day of September, 2011.
JAMES M. MOODY
UNITED STATES DISTRICT JUDGE
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