Layne v. Evans et al

Filing 5

ORDER ADOPTING 4 Proposed Findings and Recommendations. Plaintiff's 2 Complaint is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. Dismissal of this action counts as a strike for purposes of 28 U.S.C. § 1915(g). The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 8/17/2015. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
SHANE C. LAYNE, ADC # 149950
v.

PLAINTIFF
5:15CV00195-JM

MARVIN EVANS, Assistant Director,
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. No objections have been filed. After careful
consideration, 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.

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

3.

The Court certifies, 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 17th day of August, 2015.

_______________________________________
JAMES M. MOODY, JR.
UNITED STATES DISTRICT JUDGE

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