Moore v. Spears et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS 9 granting 4 Motion to Dismiss 1 Complaint for Failure to State a Claim. The complaint is dismissed with prejudice. Dismissal of the complaint constitutes a "strike," and it is certified that an ifp appeal would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 3/26/13. (kpr)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION TERRANCE MOORE ADC #105735 v. PLAINTIFF CASE NO. 5:12CV00347 BSM JOHN H. SPEARS, et al. DEFENDANTS ORDER The proposed findings and recommended disposition [Doc. No. 9] submitted by United States Magistrate Judge Joe Volpe and the objections thereto have been reviewed. After careful consideration and a de novo review of the record, it is found that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety. IT IS THEREFORE ORDERED THAT: 1. Defendants’ motion to dismiss [Doc. No. 4] is granted and plaintiff Terrance Moore’s complaint [Doc. No. 1] is dismissed with prejudice. 2. Dismissal of Moore’s complaint constitutes a “strike” within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. Section 1915(g). 3. It is certified, pursuant to 28 U.S.C. Section 1915(a)(3), that an in forma pauperis appeal would not be taken in good faith. Dated this 26th day of March 2013. UNITED STATES DISTRICT JUDGE

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