Thurman v. Bolin et al

Filing 10

ORDER ADOPTING 5 the proposed findings and recommended disposition; dismissing 2 the Complaint, without prejudice, for failure to state a claim upon which relief may be granted; ordering that the dismissal of the complaint constitutes a "str ike" within the meaning of the Prison Litigation Reform Act; and certifying that an in forma pauperis appeal from this order and the accompanying judgment would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 10/8/2013. (kdr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BRANDON THURMAN
PLAINTIFF
v.

5:13CV00248-BSM

GREG BOLIN, Chief; and
TYRA TALYOR, Major

DEFENDANTS
ORDER

The proposed findings and recommended disposition submitted by United States
Magistrate Judge Joe J. Volpe have been reviewed. No objections have been filed. After
careful consideration, 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.

The complaint (Doc. No. 2) is dismissed without prejudice, pursuant to 28

U.S.C. §1915A(b), for failure to state a claim upon which relief may be granted.
2.

Dismissal of the complaint constitutes a “strike” within the meaning of the

Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g).
3.

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.
SO ORDERED this 8th day of October 2013.

UNITED STATES DISTRICT JUDGE