Miller v. Potts et al
Filing
8
ORDER ADOPTING REPORT AND RECOMMENDATIONS 6 and dismissing plaintiff's complaint without prejudice. This dismissal counts as a "strike," and an ifp appeal would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 1/9/12. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JAMES W. MILLER,
ADC # 105303
v.
PLAINTIFF
No.5:11-cv-192-DPM
SUSAN POTTS, Administrator,
Drew County Jail, and VICKIE
HANNEY, Jailer, Drew County Jail
DEFENDANTS
ORDER
The Court has considered Magistrate Judge Joe J. Volpe's Proposed
Findings and Recommendations, Document No.6. Miller has not objected.
Having reviewed the proposal for clear errors of fact on the face of the record,
FED. R. CIV. P. 72(b)
(advisory committee notes to 1983 addition), and for legal
error, the Court adopts the proposal as its own.
Miller's complaint is dismissed without prejudice. This dismissal shall
count as a" strike" within the meaning of the Prison Litigation Reform Act, 28
u.s.C. § 1915(g).
An in forma pauperis appeal from this Order and
accompanying Judgment would not be taken in good faith. 28 U.S.C. §
1915(a)(3).
So Ordered.
D.P. Marshall Jr.
United States District Judge
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