Thompson v. Lee et al

Filing 13

ORDER adopting 11 Proposed Findings and Recommended Disposition in their entirety as this Court's findings in all respects. Plaintiff's amended complaint is dismissed for failure to state a claim upon which relief may be granted. Dismissa l of this action constitutes a strike within the meaning of the Prison Litigation Reform Act, 28 U.S.C. § 1915(g). The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith, pursuant to 28 U.S.C. § 1915(a)(3). Signed by Judge J. Leon Holmes on 3/21/2014. (ks)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ANDRE THOMPSON, ADC #153142 v. PLAINTIFF No. 5:14CV00032-JLH-JJV LEE, Jailer, Drew County Detention Center; et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful consideration, 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. Plaintiff’s amended complaint is DISMISSED for failure to state a claim upon which relief may be granted. 2. Dismissal of this action constitutes a “strike” within the meaning of the Prison Litigation Reform Act, 28 U.S.C. § 1915(g). 3. The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith, pursuant to 28 U.S.C. § 1915(a)(3). SO ORDERED this 21st day of March, 2014. __________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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