Alexander v. Potts

Filing 8

ORDER ADOPTING 6 Report and Recommendations in their entirety; therefore, pltf's complaint is DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief may be granted; this dismissal counts as a "strike". Signed by Chief Judge J. Leon Holmes on 1/3/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION CHRISTOPHER ALEXANDER v. PLAINTIFF No. 5:11CV00246 JLH-JJV SUSAN POTTS, Jail Administrator, Drew County Detention Center DEFENDANT ORDER 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 respects. IT IS, THEREFORE, ORDERED that: 1. Plaintiff’s Complaint (Doc. No. 2) is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. 2. Dismissal of Plaintiff’s Complaint constitutes a “strike” within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g). 3. 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. SO ORDERED this 3rd day of January, 2012. J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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