Davis v. Freads

Filing 8

ORDER ADOPTING 6 Report and Recommendations in their entirety; therefore, pltf's complaint is dismissed with prejudice for failure to state a claim; this dismissal counts as a "strike"; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 7/2/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION CALVIN J. DAVIS, ADC #87345 v. PLAINTIFF No. 5:12CV00129 JLH-JJV ROBERT FREADS, Jail Administrator, Arkansas 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 is DISMISSED with prejudice for failure to state a claim upon which relief may be granted. 2. This dismissal constitutes a “strike” within the meaning of the PLRA.1 3. The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action is not in good faith, pursuant to 28 U.S.C. § 1915(g). DATED this 2nd day of July, 2012. ___________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE 1 The statute provides that a prisoner may not file an in forma pauperis civil rights action or appeal if the prisoner has, on three or more prior occasions, filed an action or appeal that was dismissed as frivolous, malicious or for failure to state a claim, unless the prisoner is under imminent danger of serious physical injury.

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