Hicks v. Dub Brassell Detention Center

Filing 7

ORDER adopting the proposed findings and recommended disposition; dismissing Plaintiff's complaint with prejudice. It is CERTIFIED, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this order and accompanying judgment would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 7/31/2012. (hph)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION EARLINE HICKS v. PLAINTIFF CASE NO. 5:12CV00199 BSM/JJV W.C. DUB BRASSELL DETENTION CENTER DEFENDANT ORDER The proposed findings and recommended disposition submitted by United States Magistrate Judge Joe J. Volpe have been reviewed. No objections were filed. 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. Plaintiff Earline Hicks’s complaint [Doc. No. 2] be DISMISSED with prejudice for failure to state a claim on which relief may be granted. 2. Dismissal of Hicks’s complaint should constitute a “strike” within the meaning of the Prison Litigation Reform Act, 28 U.S.C. § 1915(g). 3. It is CERTIFIED, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this order and accompanying judgment would not be taken in good faith. Dated this 31st day of July 2012. UNITED STATES DISTRICT JUDGE

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