Moore v. Spears et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CASE NO. 5:12CV00347 BSM
JOHN H. SPEARS, et al.
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
IT IS THEREFORE ORDERED THAT:
Defendants’ motion to dismiss [Doc. No. 4] is granted and plaintiff Terrance
Moore’s complaint [Doc. No. 1] is dismissed with prejudice.
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).
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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