Bogan v. Arkansas Department of Correction et al

Filing 7

ORDER adopting 6 proposed findings and recommendations in their entirety; dismissing Plaintiff's 1 complaint without prejudice for failure to state a claim; finding that dismissal of this action constitutes a "strike"; and certifying that an in forma pauperis appeal would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 07/01/2015. (rhm)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
VICTOR WAYNE BOGAN
ADC #085355
v.

PLAINTIFF

CASE NO. 5:15CV00139 BSM

ARKANSAS DEPARTMENT OF CORRECTION, et al.

DEFENDANTS

ORDER
The proposed findings and recommendations submitted by United States Magistrate
Judge Jerome T. Kearney have been received. No objections have been filed. After careful
consideration, it is concluded that the proposed findings and recommendations should be
adopted in their entirety.
IT IS, THEREFORE, ORDERED that:
1.

Plaintiff’s complaint against defendants is dismissed without prejudice for

failure to state a claim.
2.

Dismissal of this action constitutes a “strike” within the meaning of the Prison

Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g).
3.

It is certified that an in forma pauperis appeal would not be taken in good

faith, pursuant to 28 U.S.C. § 1915(a)(3).
IT IS SO ORDERED this 1st day of July 2015.

__________________________________
UNITED STATES DISTRICT JUDGE