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)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
KEONDRA M. CHESTANG,
ADC #134005,
Plaintiff,
v.

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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.
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