Clark v. Norris
ORDER ADOPTING 6 PROPOSED FINDINGS AND RECOMMENDATIONS in their entirety as this Court's findings in all respects; dismissing 2 Mr. Clark's complaint without prejudice for failure to state a claim; finding that dismissal of this action counts as a "strike"; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 04/22/2015. (rhm)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
Case No. 5:14-cv-00449-KGB-JJV
LARRY NORRIS, Interim Director,
Arkansas Department of Correction
The Court has reviewed the Proposed Findings and Recommendations submitted by
United States Magistrate Judge Joe J. Volpe (Dkt. No. 6) and plaintiff Ronald Clark’s objections
(Dkt. No. 7). After carefully considering the objections and making a de novo review of the
record, the Court concludes that the Proposed Findings and Recommendations should be, and
hereby are, approved and adopted in their entirety as this Court’s findings in all respects.
The Court notes that, in his objections, Mr. Clark appears to seek permission to amend
his complaint. There is no proposed amended complaint attached to Mr. Clark’s objections. For
this reason, and because it is unclear to the Court what amendment Mr. Clark intended to
propose and whether such an amendment would be proper, the Court denies his request to amend
his complaint at this time. The Court dismisses this action without prejudice for the reasons set
forth in the Proposed Findings and Recommendations.
It is therefore ordered that:
Mr. Clark’s complaint is dismissed without prejudice for failure to state a claim
upon which relief may be granted (Dkt. No. 2).
Dismissal of this action counts as a “strike” for purposes of 28 U.S.C. § 1915(g).
The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis
appeal from this Order adopting the Proposed Findings and Recommendations would not be
taken in good faith.
SO ORDERED this the 22nd day of April, 2015.
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE
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