Smith v. Hobbs et al

Filing 5

ORDER ADOPTING 4 the proposed findings and recommended disposition; and dismissing this case, without prejudice. Dismissal of this action constitutes a "strike." It is certified that an informa pauperis appeal from this order and the accompanying Judgment would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 10/31/2013. (kdr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
WAIMONUSHUN SMITH,
ADC #111026
V.

PLAINTIFF

CASE NO. 5:13CV00267 BSM

RAY HOBBS, Director, ADC, et al.

DEFENDANTS
ORDER

The proposed findings and recommended disposition submitted by United States
Magistrate Judge J. Thomas Ray have been reviewed. No objections have been filed. After
carefully considering these documents and making a de novo review of the record in this
case, it is concluded that the proposed findings and recommended disposition should be, and
hereby are, approved and adopted in their entirety.
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.

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.
Dated this 31st day of October 2013.

UNITED STATES DISTRICT JUDGE