White v. Varner Unit et al

Filing 13

ORDER ADOPTING 11 Report and Recommendations of Magistrate Judge, dismissing the 1 complaint without prejudice. The Court certifies that an in forma pauperis appeal from this Order and Judgment would not be taken in good faith. Signed by Judge J. Leon Holmes on 11/27/2012. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JASON WHITE, ADC #144276
v.

PLAINTIFF
No. 5:12CV00024 JLH-JJV

S. BROWN, Correction Officer, Varner Unit,
Arkansas Department of Correction; et al.

DEFENDANTS

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 as this
Court’s findings.
IT IS, THEREFORE, ORDERED that:
1.

The complaint is DISMISSED without prejudice for failure to state a claim upon

which relief can be granted under § 1983.
2.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order and Judgment would not be taken in good faith.
DATED this 27th day of November, 2012.

_________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE