Clayton v. Page et al

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 dismissing the complaint for failure to state a claim upon which relief may be granted. Dismissal of this action constitutes a "strike," and the Court certifies that an ifp appeal would not be taken in good faith. Signed by Judge Kristine G. Baker on 9/10/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
LARRY CLAYTON,
ADC #122838

v.

PLAINTIFF

5:12-cv-00284-KGB-JJV

JOE PAGE, Warden, Varner Unit,
Arkansas Department of Correction; et al.

DEFENDANTS

ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted by
United States Magistrate Judge Joe J. Volpe and plaintiffs objections. After carefully considering
the objections and making a de novo review of the record, 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.

Plaintiffs Complaint is DISMISSED for failure to state a claim upon which relief

may be granted;
2.

Dismissal of this action constitutes a "strike" for purposes of28 U.S.C. § 1915(g);

3.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

and

appeal from this Order adopting these recommendations and the accompanying judgment would not
be taken in good faith.
DATED this J.Q_ day of September, 2012.

KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE