Doering v. Tate et al

Filing 7

ORDER ADOPTING 5 Report and Recommendations; therefore, this case is DISMISSED WITHOUT PREJUDICE; this dismissal constitutes a "STRIKE"; judgment will be entered accordingly. Signed by Judge J. Leon Holmes on 7/26/13. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ALAN L. DOERING ADC #106115 v. PLAINTIFF No. 5:13CV00147 JLH/JTR TATE, Captain, Cummins 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 J. Thomas Ray and the filed objections. After carefully considering these documents and making a de novo review of the record in this case, 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. Pursuant to the screening function mandated by 28 U.S.C. § 1915A, this case is DISMISSED, WITHOUT PREJUDICE, for failing to state a claim on which relief may be granted. 2. Dismissal of this action constitutes a “STRIKE,” as defined by 28 U.S.C. § 1915(g). 3. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal would not be taken in good faith. Dated this 26th day of July, 2013. UNITED STATES DISTRICT JUDGE

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