Simmons v. Ford et al

Filing 12

ORDER adopting 10 the proposed findings and recommended disposition; dismissing 1 the Complaint, without prejudice; and certifying that an in forma pauperis appeal from this order and the accompanying judgement would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 9/18/2013. (kdr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
SHANNON SIMMONS
v.

PLAINTIFF
CASE NO. 5:13CV00078-BSM

DONNY FORD, Sheriff
Dallas County; et al.

DEFENDANTS
ORDER

The proposed findings and recommended disposition from United States Magistrate
Judge Joe J. Volpe have been reviewed, along with the objections filed by the plaintiff. After
carefully considering these documents and conducting 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 all respects.
It is therefore ordered that the complaint [Doc. No. 1] is dismissed without prejudice,
pursuant to 28 U.S.C. §1915A(b), for failure to state a claim upon which relief may be
granted. This dismissal shall constitute a “strike” within the meaning of the Prison Litigation
Reform Act (PLRA), 28 U.S.C. § 1915(g). Further it is certified that, pursuant to 28 U.S.C.
§ 1915(a)(3), an in forma pauperis appeal from this order and the accompanying judgment
would not be taken in good faith.
IT SO ORDERED this 18th day of September 2013.

UNITED STATES DISTRICT JUDGE