Moore v. Atkins et al

Filing 5

ORDER adopting the proposed findings and recommended disposition; dismissing this case without prejudice. Dismissal of this action CONSTITUTES a strike, as defined by 28 U.S.C. § 1915(g). It is 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. Signed by Chief Judge Brian S. Miller on 8/6/2012. (hph)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JONATHAN MOORE, ADC #143334
v.

PLAINTIFF

CASE NO. 5:12CV00212 BSM/JTR

JERRY ATKINS, Correctional Officer; and
MICHAEL MOSELEY, Lieutenant
Cummins Unit, Arkansas Department of Correction

DEFENDANTS

ORDER
The proposed findings and recommended disposition submitted by United States
Magistrate Judge J. Thomas Ray have been reviewed. No objections have been filed. After
carefully considering this document 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.
2.

Dismissal of this action CONSTITUTES a “strike,” as defined by 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 the accompanying judgment would not be taken in good faith.
Dated this 6th day of August 2012.
________________________________
UNITED STATES DISTRICT JUDGE