Wade v. Jefferson County Sheriff Department et al

Filing 8

ORDER ADOPTING 6 the proposed findings and recommendations; and dismissing 2 plaintiff's complaint for failing to state a claim upon which relief may be granted. This dismissal constitutes a "strike." It is certified that an in forma pauperis appeal would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 10/24/2013. (kdr)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION KELON WADE v. PLAINTIFF CASE NO. 5:13CV00261 BSM JEFFERSON COUNTY SHERIFF’S DEPARTMENT, et al. DEFENDANTS ORDER The proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney have been reviewed. No objections have been filed. After careful consideration and a de novo review of the record, it is determined that the proposed findings and recommendations should be, and hereby are, adopted in their entirety. IT IS THEREFORE ORDERED that: 1. Plaintiff’s complaint [Doc. No. 2] is dismissed for failing to state a claim upon which relief may be granted. 2. This dismissal constitutes a “strike,” as defined by 28 U.S.C. § 1915(g). 3. It is further certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal would not be taken in good faith. An appropriate judgment shall accompany this order. IT IS SO ORDERED this 24th day of October 2013. ________________________________ UNITED STATES DISTRICT JUDGE

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