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)

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