Mucherson v. Williams

Filing 9

ORDER ADOPTING 7 the proposed findings and recommended disposition; dismissing, without prejudice, plaintiff's cause of action, for failure to state a claim upon which relief may be granted. This dismissal constitutes a "strike" within the meaning of the PLRA,28 U.S.C. § 1915(g). It is further certified that an in forma pauperis appeal from this order would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 11/6/2014. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JOSEPH MUCHERSON,
ADC # 129908
v.

PLAINTIFF

CASE NO. 5:14CV00354 BSM

SHARON WILLIAMS, Captain,
Varner Unit Penitentiary

DEFENDANT
ORDER

The proposed findings and recommended disposition submitted by United States
Magistrate Judge Joe J. Volpe have been received, along with the objections thereto. After
carefully considering the objections and making 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 cause of action is dismissed without prejudice 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.

It is further certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma

pauperis appeal from this order would not be taken in good faith.
DATED this 6th day of November 2014.

________________________________
UNITED STATES DISTRICT JUDGE