Nichols v. Hobbs
ORDER approving and adopting 6 Report and Recommendations in their entirety as this Court's findings in all respects; dismissing 2 Plaintiff's Complaint with prejudice for failure to state a claim upon which relief may be granted; and, certifying that an in forma pauperis appeal from this Order adopting these recommendations, and the accompanying Judgment, would not be taken in good faith. Signed by Judge Susan Webber Wright on 10/12/2012. (dmn)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JOHNNY LEE NICHOLS,
RAY HOBBS, Director, Arkansas
Department of Correction
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe and Plaintiff’s 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:
Plaintiff’s Complaint is DISMISSED WITH PREJUDICE for failure to state a claim
upon which relief may be granted;
Dismissal of this action constitutes a “strike” for purposes of 28 U.S.C. § 1915(g);
The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis
appeal from this Order adopting these recommendations, and the accompanying Judgment, would
not be taken in good faith.
DATED this 12th day of October, 2012.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
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