Chestang v. Varner Super Max et al

Filing 68

ORDER ADOPTING 63 Report and Recommendations. This dismissal contitutes a "strike" within the meaning of the Prison Litigation Reform Act. Signed by Judge Susan Webber Wright on 4/3/2012. (pag)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION KEONDRA M. CHESTANG, ADC #134005, Plaintiff, v. * * * * * * * * VARNER SUPER MAX, Classification Committee, et al; Defendants. No. 5:11-cv-00225-SWW-JJV 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. Defendants’ Motion to Dismiss (Doc. No. 47) is GRANTED; 2. Plaintiff’s cause of action is DISMISSED with prejudice. 3. This dismissal constitutes a “strike” within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g).1 DATED this 3rd day of April, 2012. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE The statute provides that a prisoner may not file an in forma pauperis civil rights action or appeal if the prisoner has, on three or more prior occasions, filed an action or appeal that was dismissed as frivolous, malicious or for failure to state a claim, unless the prisoner is under imminent danger of serious physical injury. 1 1

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