Avist v. Nulls et al

Filing 6

ORDER ADOPTING 4 the proposed findings and recommended disposition; dismissing 2 the plaintiff's complaint, without prejudice, for failure to state a claim upon which relief may be granted; counting the dismissal of this action as a "strike;" and certifying that an in forma pauperis appeal taken from this order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Chief Judge Brian S. Miller on 9/4/2014. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
EARNEST AVIST,
ADC # 151395
v.

PLAINTIFF

CASE NO. 5:14CV311 BSM

KIM NULLS, Supervisor, Jefferson
County Parole Officers, et al.

DEFENDANTS
ORDER

The proposed findings and recommended disposition submitted by United States
Magistrate Judge Joe J. Volpe and plaintiff’s objections have been reviewed. After careful
consideration of the objections and a de novo review of the record, it is concluded that the
proposed findings and recommended disposition should be, and hereby are, approved and
adopted in their entirety in all respects.
IT IS, THEREFORE, ORDERED THAT:
1.

Plaintiff’s complaint [Doc No. 2] is dismissed without prejudice for failure to

state a claim upon which relief may be granted.
2.

Dismissal of this action counts as a “strike” for purposes of 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 taken from this order and judgment dismissing this action is considered
frivolous and not in good faith.
IT IS SO ORDERED this 4th day of September 2014.

________________________________
UNITED STATES DISTRICT JUDGE