Percefull v. Robertson et al

Filing 16

ORDER adopting the proposed findings and recommended disposition; and dismissing this case without prejudice. Signed by Judge Brian S. Miller on 5/4/12. (hph)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION RICHARD D. PERCEFULL, ADC #148005 v. PLAINTIFF CASE NO. 5:12CV00082 BSM/JTR VERNON R. ROBERTSON et al. DEFENDANTS ORDER The proposed findings and recommended disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections have been reviewed. After carefully considering these documents and making a de novo review of the record, it is concluded that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety in all respects. IT IS THEREFORE ORDERED THAT: 1. Pursuant to the screening function mandated by 28 U.S.C. § 1915A, this case is dismissed, without prejudice, for failure to state a claim on which relief may be granted. 2. Dismissal of this action constitutes a "strike," as defined by 28 U.S.C. § 1915(g). 3. It is hereby certified, 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 4th day of May 2012. ________________________________ UNITED STATES DISTRICT JUDGE

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