Dunmore v. Guy et al

Filing 9

ORDER ADOPTING 8 Report and Recommendations in their entirety; therefore, pltf's complaint is DISMISSED WITHOUT PREJUDICE for failure to state a claim; dismissal of this case constitutes a "strike"; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 7/31/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION EDWARD DUNMORE, ADC # 143129 * * * * * * * * * Plaintiff, v. RICHARD L. GUY, Supervisor, Benton Work Release Center; et al. Defendants. No. 5:12-cv-00059-SWW-JJV 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 this cause of action 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. DATED this 31st day of July, 2012. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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