Miller v. Mainard et al

Filing 9

ORDER approving and adopting 6 Proposed Findings and Recommended Disposition in their entirety in all respects; dismissing 2 Complaint without prejudice for failure to state a claim upon which relief may be granted; denying 8 Motion for Le ave to Proceed In Forma Pauperis; and certifying that an informa pauperis appeal would not be taken in good faith. Dismissal of this action counts as a "strike" for purposes of 28 U.S.C. § 1915(g). Signed by Judge Billy Roy Wilson on 2/2/2015. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
KEITH E. MILLER
ADC # 144926
v.

PLAINTIFF

5:15CV00018-BRW-JJV

GAIL MAINARD, Construction Engineer,
Arkansas Department of Correction, et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted by
United States Magistrate Judge Joe J. Volpe and Plaintiff’s objections. After carefully considering
the objections and making a de novo review of the record, 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 Complaint (Doc. No. 2) is DISMISSED without prejudice for failure to

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

Plaintiff’s Motion for Leave to Proceed In Forma Pauperis (Doc. No. 8) is DENIED.

3.

Dismissal of this action counts as a “strike” for purposes of 28 U.S.C. § 1915(g);

4.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order and the accompanying Judgment would not be taken in good faith.
SO ORDERED this 2nd day of February, 2015.

/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

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