Talley v. Metcalf et al
ORDER ADOPTING 6 Report and Recommendations in their entirety; therefore, this case is DISMISSED WITHOUT PREJUDICE; dismissal of this action constitutes a "strike"; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 2/8/12. (vjt)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
LARRY DARNELL TALLEY,
No. 5:11CV00307 JLH/JTR
DERWIN METCALF, Captain,
Arkansas Department of Correction, et al.
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful
review, 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:
Pursuant to the screening function mandated by 28 U.S.C. § 1915A, this case is
DISMISSED, WITHOUT PREJUDICE, for failing to state a claim on which relief may be granted.
Dismissal of this action CONSTITUTES a “strike,” as defined by 28 U.S.C.
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 8th day of February, 2012.
UNITED STATES DISTRICT JUDGE
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